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PUBLISHER'S REMARKS. 



This edition of Cushing's Manual of Par- 
liamentary Practiceh&s annotations, etc., not 
to be found in any other edition of the Man- 
ual. The old edition of course could not be 
improved upon, but there were several pass- 
ages in which the meaning could be brought 
out plainer by notes illustrating them. This 
has been done, and the reader will find that 
the notes will assist him materially. 

In addition the Constitution of the United 
States has been added, and as not a few refer- 
ences are made to it in the Manual, it will be 
found to be an addition to the book not to be 
despised 



AUTHORS STATEMENT. 



The following treatise forms a part only of 
a much larger and more comprehensive work, 
covering the whole ground of parliamentary 
law and practice, which the author has for 
some time been engaged in preparing; and 
which it is his intention to complete and pub- 
lish, as soon as possible. In the mean time, 
this little work has been compiled, chiefly 
from the larger, at the request of the pub- 
lishers, and to supply a want which was sup- 
posed to exist to a considerable extent. 

The treatise, now presented to the public, 
is intended as a Manual for Deliberative As- 
semblies of every description, but more espe- 
cially for those which are not legislative in 
their character; though with the exception 
of the principal points, in which legislative 
bodies differ from others, namely, the several 
different stages or readings of a bill, and con- 



author's statement. 5 

ferences and amendments between the two 
branches, this work will be found equally 
useful in legislative assemblies as in others. 

The only work which has hitherto been in 
general use in this country, relating to the 
proceedings of legislative assemblies, is the 
compilation originally prepared by Mr. Jeffer- 
son, when vice-president of the United States, 
for the use of the body over which he pre- 
sided, and which is familiarly known as 
Jefferson's Manual. This work, having been 
extensively used in our legislative bodies, and, 
in some States, expressly sanctioned by law, 
may be said to form, as it were, the basis of 
the common parliamentary law of this country. 
Eegarding it in that light, the author of the 
following treatise has considered the princi- 
ples and rules laid down by Mr. Jefferson 
(and which have been adopted by him chiefly 
from the elaborate work of Mr. Hatsell) as 
the established rules on this subject, and has 
accordingly made them the basis of the pres- 
ent compilation, with an occasional remark, 
in a note, by way of explanation or sugges- 
tion, whenever he deemed it necessary. 

Members of legislative bodies, who may 
have occasion to make use of this work, will 



6 AUTHORS STATEMENT. 

do well to bear in mind, that it contains only 
what may be called the common parliamentary 
law; which, in every legislative assembly, is 
more or less modified or controlled by special 
rules. L. S. C. 

Boston, November 1, 1844. 



TABLE OF CONTENTS. 



PAGB 

INTRODUCTION 9 

CHAPTER I.— Op Certain Preliminary Matters 20 

Sect. I. Quorum 20 

Sect. II. Rules and Orders 22 

Sect. III. Time of Meeting 23 

Sect. IV. Principle of Decision 24 

CHAPTER II.— Op the Officers 25 

Sect. I. The Presiding Officer 28 

Sect. II. The Recording Officer 28 

CHAPTER III.— Of the Rights and Duties op Members 30 

CHAPTER IV.— Of the Introduction of Business 34 

CHAPTER V.— Of Motions in General 42 

CHAPTER VI.— Of Motions to Suppress 45 

Sect. I. Previous Question 46 

Sect. II. Indefinite Postponement 50 

CHAPTER VII.— Of Motions to Postpone 51 

CHAPTER VIII.— Of Motions to Commit 52 

CHAPTER IX.— Of Motions to Amend 54 

Sect. I. Division of a Question 55 

Sect. II. Filling Blanks 57 

Sect. III. Addition— Separation — Transposition 60 

Sect. IV. Modification, etc., by the Mover 6?. 

Sect. V. General Rn.es relating to Amendments. . 62 

Sect. VI. Amendments, by striking out 65 

Sect. VII. Amendments, by inserting. 69 

Sect. VIII. Amendments, by striking out and insert- 
ing 71 

Sect. IX. Amendments, changing the nature of a 

question 74 



8 TABLE OF CONTENTS. 

PAGE 

CHAPTER X.— Of the Order and Succession of Ques- 
tions 79 

Sect. I. Privileged Questions 80 

Adjournment 81 

Questions of Privilege 82 

Orders of the Day 83 

Sect. II. Incidental Questions 86 

Questions of Order 86 

Reading of Papers 88 

Withdrawal of a Motion 91 

Suspension of a Rule 91 

Amendment of Amendments 92 

Sect. III. Subsidiary Questions 93 

Lie on the Table , 95 

Previous Question 96 

Postponement.... 97 

Commitment 98 

Amendment '. , . 99 . 

CHAPTEK XI. —Of the Order of Proceeding 101 

CHAPTER XII.— Of Order in Debate 108 

Sect. I. As to the Manner of Speaking 109 

Sect. II. As to the Matter in Speaking 112 

Sect. III. As to Times of Speaking 115 

Sect. IV. As to Stopping 1 Debate 117 

Sect. V. As to Decorum in Debate 119 

Sect. VI. As to Disorderly Words 120 

CHAPTER XIII.— Of the Question 124 

CHAPTER XIV.— Of Reconsideration 135 

CHAPTER XV.— Of Committees 138 

Sect. I. Their Nature and Functions 138 

Sect. II. Their Appointment 141 

Sect. III. Their Organization, etc 1 45 

Sect. IV. Their Report : 150 

Sect. V. Committee of the Whole 155 

CONCLUDING REMARKS 161 

CONSTITUTION OF THE UNITED STATES 165 



PARLIAMENTARY PRACTICE. 



INTRODUCTION. 

1. The purposes, whatever they may be, 
for which a deliberative assembly of any kind 
is constituted, can only be effected by ascer- 
taining the sense or will of the assembly, in 
reference to the several subjects submitted to 
it, and by embodying that sense or will in an 
intelligible, authentic, and authoritative form. 
To do this, it is necessary, in the first place, 
that the assembly should be properly consti- 
tuted and organized ; and, secondly, that it 
should conduct its proceedings according to 
certain rules, and agreeably to certain forms, 
which experience has shown to be the best 
adapted to the purpose. 

2. Some deliberative assemblies, especially 
those which consist of permanently estab- 
lished bodies, such as municipal and other 
corporations, are usually constituted and or- 



10 PARLIAMENTARY PRACTICE. 

ganized, at least, in part, in virtue of certain 
legal provisions ; while others, of an occa- 
sional or temporary character, such as conven- 
tions and political meetings, constitute and 
organize themselves on their assembling to- 
gether for the purposes of their appointment. 
3. The most usual and convenient mode of 
organizing a deliberative assembly is the fol- 
lowing : — The members being assembled to- 
gether, in the place, and at the time appointed 
for their meeting, one of them addressing 
himself to the others, requests them to come 
to order ; the members thereupon seating 
themselves, and giving their attention to him, 
he suggests the propriety and necessity of 
their being organized, before proceeding to 
business, and requests the members to nomi- 
nate some person to act as chairman of the 
meeting • a name or names being thereupon 
mention 3d, he declares that such a person 
(whose name was first heard by him) is nom- 
inated for chairman, and puts a question that 
the person so named be requested to take the 
chair. If this question should be decided in 
the negative, another nomination is then to 
be called for, and a question put upon the 
name mentioned (being that of some other 



ORGANIZATION. 1 1 

person) as before, and so on until a choice is 
effected. When a chairman is elected, he 
takes the chair, and proceeds in the same 
manner to complete the organization of the 
assembly, by the choice of a secretary and 
such other officers, if any, as may be deemed 
necessary. 

4. An organization, thus effected, . may be, 
and frequently is, sufficient for all the pur- 
poses of the meeting ; but if, for any reason, 
it is desired to have a greater number of of- 
ficers, or to have them selected with more 
deliberation, it is the practice to organize tem- 
porarily, in the manner above mentioned, and 
then to refer the subject of a permanent or- 
ganization, and the selection of persons to be 
nominated for the several offices, to a com- 
mittee ; upon whose report, the meeting pro- 
ceeds to organize itself, conformably thereto, 
or in such other manner as it thinks proper. 

[" In Congress, and all the lower houses of 
the State legislatures, and a few' of the State 
senates, the presiding officer is called the 
Speaker ; while in the United States Senate 
and a number of State senates the name 
President is used." — Ed.] 

5. The presiding officer is usually denom- 



12 PARLIAMENTARY PRACTICE. 

inated the president, and the recording of- 
ficer, the secretary ; though, sometimes, these 
officers are designated, respectively, as the 
chairman and cleric. It is not unusual, be- 
sides a president, to have one or more vice- 
presidents ; who take the chair, occasionally, 
in the absence of the president from the as- 
sembly, or when he withdraws from the chair 
to take part in the proceedings as a member ; 
but who, at other times, though occupying 
seats with the president, act merely as mem- 
bers. It is frequently the case, also, that sev- 
eral persons are appointed secretaries, in 
which case, the first named is considered, as 
the principal officer. All the officers are, or- 
dinarily, members of the assembly* ; and, as 
such, entitled to participate in the proceed- 
ings ; except that the presiding officer does 
not usually engage in the debate, and votes 
only when the assembly is equally divided. 

6. In all deliberative assemblies, the mem- 
bers of which are chosen or appointed to rep- 
resent others, it is necessary, before proceed- 

*In legislative bodies, the clerk is seldom or never 
a member ; and, in some, the presiding officer is not 
a member ; as, for example, in the Senate of the 
United States, the Senate of New York, and in some 
other State senates. ... . 



ORGANIZATION. 13 

ing to business, to ascertain who are duly- 
elected and returned as members ; in order 
not only that no person may be admitted to 
participate in the proceedings who is not reg- 
ularly authorized to do so, but also that a list 
of the members may be made for the use of 
the assembly and its officers. 

7. The proper time for this investigation is 
after the temporary and before the permanent 
organization ; or, when the assembly is per- 
manently organized, in the first instance, be- 
fore it proceeds to the transaction of any 
other business ; and the most convenient 
mode of conducting it is by the appointment 
of a committee, to receive and report upon 
the credentials of the members. The same 
committee may also be charged with the in- 
vestigation of rival claims, where any such 
are presented. 

8. When a question arises, involving the 
right of a member to his seat, such member 
is entitled to be heard on the question, and 
he is then to withdraw from the assembly 
until it is decided ; but if, by the indulgence 
of the assembly, he remains in his place, dur- 
ing the discussion, he ought neither to take 
any further part in it, nor to vote when the 



14 PARLIAMENTARY PRACTICE. 

question is proposed ; it being a fundamental 
rule of all deliberative assemblies, that those 
members, whose rights as such are not yet 
set aside, constitute a judicial tribunal to de- 
cide upon the cases of those whose rights of 
membership are called in question. Care 
should always be taken, therefore, in the 
selection of the officers, and in the appoint- 
ment of committees, to name only those per- 
sons whose rights as members are not objected 
to. 

9. The place where an assembly is held 
being in its possession, and rightfully appro- 
priated to its use, no person is entitled to be 
present therein, but by the consent of the 
assembly ; and, consequently, if any person 
refuse to withdraw, when ordered to do so, or 
conduct himself in a disorderly or improper 
manner, the assembly may unquestionably 
employ sufficient force to remove such person 
from the meeting. 

10. Every deliberative assembly, by the 
mere fact of its being assembled and consti- 
tuted, does thereby necessarily adopt and be- 
come subject to those rules and forms of pro- 
ceeding, without which it would be impossi- 
ble for it to accomplish the purposes of its 



RULES OF PROCEEDING. 15 

creation. It is perfectly competent, however, 
for every such body — and where the business 
is of considerable interest and importance, or 
likely to require some time for its accomplish- 
ment, it is not unusual — to adopt also certain 
special rules for the regulation of its proceed- 
ings. Where this is the case, these latter 
supersede the ordinary parliamentary rules, in 
reference to all points to which they relate ; 
or add to them in those particulars in refer- 
ence to which there is no parliamentary rule ; 
leaving what may be called the common par- 
liamentary law in full force in all other re- 
spects. 

11. The rules of parliamentary proceed- 
ings in this country are derived from, and es- 
sentially the same with, those of the British 
parliament ; though, in order to adapt these 
rules to the circumstances and wants of our 
legislative assemblies, they have, in some few 
respects, been changed, — in others, differently 
applied, — and in others, again, extended be- 
yond their original intention. To these rules, 
each legislative assembly is accustomed to add 
a code of its own, by which, in conjunction 
with the former, its proceedings are regulated. 
The rules, thus adopted by the several legis- 



16 PARLIAMENTARY PRACTICE. 

lative assemblies, having been renewed in suc- 
cessive legislatures, — with such extensions, 
modifications and additions as have been from 
time to time, thought necessary, — the result 
is, that a system of parliamentary rules has 
been established in each State, different in 
some particulars from those of every other 
State, but yet founded in and embracing all 
the essential rules of the common parliament- 
ary law. 

12. The rules of proceeding, in each State, 
being of course best known by the citizens of 
that State, it has sometimes happened in de- 
liberative assemblies, that the proceedings 
have been conducted not merely according to 
the general parliamentary law, but also in con- 
formity with the peculiar system of the State 
in which the assembly was sitting, or of whose 
citizens it was composed. This, however, is 
erroneous; as no occasional assembly can ever 
be subject to any other rules, than those which 
are of general application, or which it spe- 
cially adopts for its own government ; and the 
rules adopted and practised upon by a legis- 
lative assembly do not thereby acquire the 
character of general laws. 

13. The judgment, opinion, sense, or will 



RULES OF PROCEEDING. 17 

of a deliberate assembly is expressed, accord- 
ing to the nature of the subject, either by a 
resolution, order, or vote. When it com- 
mands, it is by an order ; but facts, principles, 
its own opinions, or purposes, are most proper- 
ly expressed in the form of a resolution ; the 
term vote may be applied to the result of 
every question decided by the assembly. In 
whatever form, however, a question is propos- 
ed, or by whatever name it may be called, the 
mode of proceeding is the same. 

14. The judgment or will of any number 
of persons, considered as an aggregate body, 
is that which is evidenced by the consent or 
agreement of the greater number of them ; 
and the only mode by which this can be as- 
certained, in reference to any particular sub- 
ject, is for some one of them to begin by sub- 
mitting to the others a proposition, expressed 
in such a form of words, that, if assented to by 
the requisite number, it will purport to ex- 
press the judgment or will of the assembly. 
This proposition will then form a basis for the 
further proceedings of the assembly ; to be as- 
sented to, rejected, or modified, according as 
it expresses or not, or may be made to express 
the sense of a majority of the members. The 



18 PARLIAMENTARY PRACTICE. 

different proceedings which take place, from 
the first submission of a proposition, through 
all the changes it may undergo, until the final 
decision of the assembly upon it, constitute 
the subject of the rules of debate and proceed- 
ing in deliberative assemblies. 

15. If the proceedings of a deliberative as- 
sembly were confined to the making of propo- 
sitions by the individual members, and their 
acceptance or rejection by the votes of the 
assembly, there would be very little occasion 
for rules in such a body. But this is. not the 
case. The functions of the members are not 
limited to giving an affirmative or negative 
to such questions as are proposed to them. 
When a proposition is made, if it be not agreed 
to or rejected at once, the assembly may be 
unwilling to consider and act upon it at all; 
or it may wish to postpone the consideration 
of the subject to a future time ; or it may be 
willing to adopt the proposition with certain 
modifications ; or, lastly, approving the sub- 
ject-matter, but finding it presented in so 
crude, imperfect, or objectionable a form, 
that it cannot in that state be considered at 
all, the assembly may desire to have the prop- 
osition further examined and digested, before 



MAKING OF PROPOSITIONS. 19 

being presented. In order to enable the as- 
sembly to take whichever of the courses above 
indicated it may think proper, and then to 
dispose of every proposition in a suitable man- 
ner, certain motions or forms of question have 
been invented, which are perfectly adapted 
for the purpose, and are in common use in 
all deliberative assemblies. 



20 PARLIAMENTARY PRACTICE. 

CHAPTER I. 

OF CERTAIN PRELIMINARY MATTERS. 

16. Before entering upon the subject of 
the forms and rules of proceeding, in the trans- 
action of business, it will be convenient to 
consider certain matters of a preliminary 
nature, which are more or less essential to 
the regularity, dispatch, and efficiency of the 
proceedings. 

Section I. Quorum.* 

17. In all councils, and other collective 
bodies of the same kind, it is necessary, that 

[* " The term quorum (literally, of whom) is one 
of the words used in England in the Latin form of 
the commission to justices of the peace. The part 
of the document wherein the word occurs reads thus: 
' We have assigned you, and every two or more of 
you, quorum aliquem vestrum, A, B, C, D, etc., 
unum esse volumus. — i. e. of whom we will that any 
of you A, B or C, etc., shall be one.' This made it 
necessary that certain individuals, who, in the lan- 
guage of the commission, were said to be of the 
quorum, should be present during the transaction 
of business. " — Blackstone's Commentaries, 1. 352. ] 



QUORUM. - 21 

a certain number, called a quorum, of the 
members, should meet and be present, in order 
to the transaction of business. This regula- 
tion has been deemed essential to secure fair- 
ness of proceedings ; and to prevent matters 
from being concluded in a hasty manner, or 
agreed to by so small a number of the mem- 
bers, as not to command a due and proper 
respect. 

18. The number necessary to constitute a 
quorum of any assembly may be fixed by law, 
as is the case with most of our legislative as- 
semblies ; or by usage, as in the English House 
of Commons ; or it may be fixed by the assem- 
bly itself ; but if no rule is established on the 
subject, in any of these ways, a majority of 
the members composing the assembly is the 
requisite number. 

19. ~No business can regularly be entered 
upon until a quorum is present ; nor can any 
business be regularly proceeded with when 
it appears that the members present are re- 
duced below that number ; consequently, the 
presiding officer ought not to take the chair 
until the proper number is ascertained to be 
present ; and if, at any time, in the course of 
the proceedings, notice is taken that a quorum 



22 PARLIAMENTARY PRACTICE. 

is not present, and, upon the members being 
counted by the presiding officer, such appears 
to be the fact, the assembly must be immedi- 
ately adjourned. * 

Sect. II. Eules and Orders. 

20. Every deliberative assembly, as has al- 
ready been observed, is, by the fact alone of 
its existence, subject to those rules of pro- 
ceeding, without which it could not accom- 
plish the purposes of its creation. It may 
also provide rules for itself, either in the form 
of a general code established beforehand, or 
by the adoption, from time to time, during 
its sitting, of such special rules as it may find 
necessary. 

21. When a code of rules is adopted be- 
forehand, it is usual also to provide therein 
as to the mode in which they may be amend- 
ed, repealed, or dispensed with. Where there 
is no such provision, it will be competent for 
the assembly to act afc any time, and in the 
usual manner, upon questions of amendment 

* " Some legislative bodies have by law given a 
smaller number than a quorum the power to compel 
the attendance of absent members. " — Ed. 



TIME OF MEETING. 23 

or repeal ; but in reference to dispensing with 
a rule, or suspending it. in a particular case, 
if there is no express provision on the sub- 
ject, it seems that it can only be done by gen- 
eral consent.* 

22. When any of the rules, adopted by the 
assembly, or in force, relative to its manner 
of proceeding, is disregarded or infringed, 
every member has the right to take notice 
thereof and to require that the presiding of- 
ficer, or any other whose duty it is, shall carry 
such rule into execution ; and, in that case, 
the rule must be enforced, at once, without 
debate or delay. It is then too late to alter, 
repeal, or suspend the rule ; so long as any 
one member insists upon its execution, it 
must be enforced. 



Sect. III. Time of Meeting. 

23. Every assembly, which is not likely to 
finish its business at one sitting, will find it 
convenient to come to some order or resolu- 
tion beforehand, as to the time of reassem- 



*" A motion to suspend the rules is not debatable." 
—Ed. 



24 PARLIAMENTARY PRACTICE. 

bling, after an adjournment ; it being gener- 
ally embarrassing to fix upon the hour for 
this purpose,, at the time when the sitting is 
about to close, and in connection with the 
motion to adjourn. 

Sect. IV. Principle of Decision. 

24. The principle, upon which the decisions 
of all aggregate bodies, such as councils, cor- 
porations, and deliberative assemblies, are 
made, is that of the majority of votes or suf- 
frages ; and this rule holds not only in refer- 
ence to questions and subjects, which admit 
only of an affirmative on one side, and a neg- 
ative on the other, but also in reference to 
elections in which more than two persons 
may receive the suffrages. 

25. But this rule may be controlled by a 
special rule in reference to some particular 
subject or question ; by which any less num- 
ber than a majority may be admitted, or any 
greater number required to express the will 
of the assembly. Thus, it is frequently pro- 
vided, in legislative assemblies, that one third 
or one fourth only of the members shall be 
sufficient to require the taking of a question 



OF THE OFFICERS. 25 

by yeas and nays,* and, on the other hand, 
that no alteration shall take place in any of 
the rales and orders, without the consent of 
at least two thirds, or even a larger number. 



CHAPTEE II. 

OF THE OFFICERS. 

26. The usual and necessary officers of a 
deliberative assembly are those already men- 
tioned, namely, a presiding, and a recording, 
officer ; both of whom are elected or appoint- 
ed by the assembly itself, and removable at 
its pleasure. These officers are always to be 
elected by absolute majorities, even in those 
States in which elections are usually effected 
by a plurality, for the reason, that, being re- 
movable at the pleasure of the assembly, if 
any number short of a majority were to elect, 

*"In the United States, the number of members 
competent to demand that a question be taken by 
yeas and nays, is decided for Congress and for State 
legislatures by constitutional provision. 

In the Constitution of the United States, the num- 
ber is one fifth ; some of the State constitutions give 
this power to one fifth, some to three members ; some 
to two, and some to one." — Ed. 



20 PARLIAMENTARY PRACTICE. 

a person elected by any such less number 
would not be able to retain his office for a 
moment ; inasmuch as he might be instantly 
removed therefrom, on a question made for 
that purpose, by the votes of those who had 
voted for other persons on the election ; and 
it is essential to the due and satisfactory per- 
formance of the functions of these officers, 
that they should possess the confidence of the 
assembly, which they cannot be said to do, 
unless they have the suffrages of at least a 
majority. 

Sect. I. The Presiding Officer. 

27. The principal duties of this officer are 
the following: — 

To open the sitting, at the time to which 
the assembly is adjourned, by taking the chair 
and calling the members to order ; 

To announce the business before the as- 
sembly in the order in which it is to be acted 
upon ; 

To receive and submit, in the proper man- 
ner, all motions and propositions presented by 
the members ; 

To put to vote all questions, which are 
regularly moved, or necessarily arise in the 



THE PRESIDING OFFICER, 21 

course of the proceedings, and to announce 
the result ; 

To restrain the members, when engaged in 
debate, within the rules of order ; 

To enforce on all occasions the observance 
of order and decorum among the members ; 

To receive all messages and other com- 
munications and announce them to the as- 
sembly ; 

To authenticate, by his signature, when 
necessary, all the acts, orders, and proceedings 
of the assembly ; 

To inform the assembly, when necessary, or 
when referred to for the purpose, in a point of 
order or practice ; 

To name the members (when directed to do 
so in a particular case, or when it is made a 
part of his general duty by a rule,) who are to 
serve on committees ; and, in general, 

To represent and stand for the assembly, 
declaring its will, and, in all things, obeying 
implicitly its commands. 

28. If the assembly is organized by the 
choice of a president, and vice-presidents, it is 
the duty of one of the latter to take the chair, 
in case of the absence of the president from 
the assembly, or of his withdrawing from the 



28 PARLIAMENTARY PRACTICE. 

chair for the purpose of participating in the 
proceedings. 

29. Where but one presiding officer is ap- 
pointed, in the first instance, his place can 
only be supplied, in case of his absence, by 
the appointment of a president or chairman 
pro tempore ; and, in the choice of this officer, 
who ought to be elected before any other 
business is done, it is the duty of the secre- 
tary to conduct the proceedings. 

30. The presiding officer may read sitting, 
but should rise to state a motion, or put a 
question to the assembly. 

Sect. II. The Kecording Officer. 

31. The principal duties of this officer con- 
sist in taking notes of all the proceedings, and 
in making true entries in his journal of all 
"the things done and past" in the assembly ; 
but he is not, in general, required to take 
minutes of " particular men's speeches," or to 
make entries of things merely proposed or 
moved, without coming to a vote. He is to 
enter what is done and past, but not what is 
said or moved. This is the rule in legislative 
assemblies. In others, though the spirit of 



SECRETARY OR CLERK. 29 

iihe rule ought to be observed, it is generally 
expected of the secretary, that his record shall 
be both a journal and in some sort a report of 
the proceedings. 

32. It is also the duty of the secretary to 
read all papers, etc., which may be ordered to 
be read ; to call the roll of the assembly, and 
take note of those who are absent, when a call 
is ordered ; to call the roll and note the an- 
swers of the members, when a question is 
taken by yeas and nays ; to notify committees 
of their appointment and of the business re- 
ferred to them; and to authenticate by his 
signature (sometimes alone and sometimes in 
conjunction with the president) all the acts, 
orders, and proceedings of the assembly. 

33. The clerk is also charged with the cus- 
tody of all the papers and documents of every 
description, belonging to the assembly, as well 
as the journal of its proceedings, and is to let 
none of them be taken from the table by any 
member or other person, without the leave or 
order of the assembly. 

34. When but a single secretary or clerk 
is appointed, his place can only be supplied, 
during his absence, by the appointment of 
some one to act pro tempore. When several 



30 PARLIAMENTARY PRACTICE. 

persons are appointed, this inconvenience is 
not likely to occur. 

35. The clerk should stand while reading or 
calling the assembly. 



CHAPTER III. 

OF THE RIGHTS AND DUTIES OF THE MEMBERS. 

36. The rights and duties of the members 
of a deliberative assembi}^ as regards one an- 
other, are founded in and derived from the 
principle of their absolute equality among 
themselves. Every member, however humble 
he may be, has the same right with every 
other, to submit his propositions to the assem- 
bly, — to explain and recommend them in dis- 
cussion, — and to have them patiently exam- 
ined and deliberately decided upon by the as- 
sembly ; and, on the other hand, it is the 
duty of every one so to conduct himself, both 
m debate and m his general deportment in 
the assembly, as not to obstruct any other 
member, in the enjoyment of his equal rights. 
The rights and duties of the members* require 



EIGHTS AND DUTIES OF THE MEMBEBS. 31 

to be explained only in reference to words 
spoken in debate (whether spoken of a mem- 
ber or otherwise) and to general deportment. 
The first will be most conveniently noticed in 
the chapter on debate ; the other will be con- 
sidered in this place. 

37. The observance of decorum, by the 
members of a deliberative assembly, is not 
only due to themselves and to one another, as 
gentlemen assembled together to deliberate on 
matters of common importance and interest, 
but is also essential to the regular and satis- 
factory proceeding of such an assembly. The 
rules on this subject, though generally laid 
down with reference to decorum in debate, 
are equally applicable whether the assembly 
be at the time engaged in debate or not; and, 
therefore, it may be stated, generally, that no 
member is to disturb another, or the assembly 
itself, by hissing, coughing, or spitting ; by 
speaking or whispering to other members ; 
by standing up to the interruption of others ; 
by passing between the presiding officer and a 
member speaking ; going across the assembly 
room, or walking up and down in it ; taking 
books or papers from the table, or writing 
there. 



32 PARLIAMENTARY PRACTICE. 

38. All these breaches of decorum are 
doubtless aggravated by being committed 
while the assembly is engaged in debate, 
though equally contrary to the rules of pro- 
priety, under any other circumstances. As- 
saults, by one member upon another, — threats 
— challenges, — affrays, etc., are also high 
breaches of decorum. 

39. It is also a breach of decorum for a 
member to come into the assembly room with 
his head covered, or to remove from one place 
to another with his hat on, or to put his hat 
on in coming in or removing, or until he has 
taken his seat ; and, in many assemblies, 
especially those which consist of a small num- 
ber of members, it is not the custom to have 
the head covered at all. 

40. In all instances of irregular and dis- 
orderly deportment, it is competent for every 
member, and is the special duty of the pre- 
siding officer, to complain to the assembly, or 
to take notice of the offence, and call the at- 
tention of the assembly to it. When a com- 
plaint of this kind is made by the presiding 
officer, he is said to name the member offend- 
ing ; that is, he declares to the assembly, that 
such a member, calling him by name, is 



RIGHTS AND DUTIES OF THE MEMBERS. 33 

guilty of certain irregular or improper con- 
duct. The member, who is thus charged 
with an offence against the assembly, is enti- 
tled to be heard in his place in exculpation, 
and is then to withdraw. Being withdrawn, 
the presiding officer states the offence com- 
mitted, and the assembly proceeds to consider 
of the degree and amount of punishment to 
be inflicted. The assembly may allow the 
member complained of to remain, when he 
offers to withdraw ; or, on the other hand, 
it may require him to withdraw, if he do not 
offer to do so of his own accord. The pro- 
ceedings are similar, when the complaint is 
made by a member, except that the offence is 
stated by such member, instead of being stated 
by the presiding officer. 

41. No member ought to be present in the 
assembly, when any matter of business con- 
cerning himself is debating ; nor, if present, 
by the indulgence of the assembly, ought he 
to vote on any such question. Whether the 
matter in question concern his private inter- 
est, or relate to his conduct as a member. 
— as for a breach of order, or for matter aris- 
ing in debate,- — as soon as it is fairly before 
the assembly, the member is to be heard in 



34 PARLIAMENTARY PRACTICE. 

exculpation and then to withdraw, until the 
matter is settled. If, notwithstanding, a 
member should remain in the assembly and 
vote, his vote may and ought to be disallowed; 
it being contrary, not only to the laws of de- 
cency, but to the f undamental principle of 
the social compact, that a man should sit 
and act as a judge in his own case. 

42. The only punishments, which can be 
inflicted upon its members by a deliberative 
assembly of the kind now under consideration, 
consist of reprimanding, — exclusion from the 
assembly, — a prohibition to speak or vote, 
for a specified time, — and expulsion ; to which 
are to be added such other forms of punish- 
ment, as by apology, begging pardon, etc., as 
the assembly may see fit to impose, and to 
require the offender to submit to, on pain of 
expulsion. 



CHAPTEE IV. 

OF THE INTRODUCTION OF BUSINESS. 

43. The proceedings of a deliberative as- 
sembly, in reference to any particular subject, 
are ordinarily set in motion, in the first in* 



OF THE INTRODUCTION OF BUSINESS. 35 

stance, by some one of the members either 
presenting a communication from persons 
not members, or himself submitting a propo- 
sition to the assembly. 

44. Communications made to the assembly 
are of two kinds, namely, those which are 
merely for its information in matters of fact, 
and those which contain a request for some 
action on the part of th^ asembly, either of a 
general nature, or for the benefit of an in- 
dividual. The latter only, as they alone con- 
stitute a foundation for future proceedings, 
require to be noticed. 

45. Propositions made by members are 
drawn up and introduced, by motion, in the 
form which they are intended by the mover 
to bear, as orders, resolutions, or votes, if they 

'should be adopted by the assembly. These 
propositions, of whatever nature they may be, 
are usually denominated motions, until they 
are adopted ; they then take the name which 
properly belongs to them. 

46. When a member has occasion to make 
any communication whatever to the assembly, 
— whether to present a petition or other paper, 
or to make or second a motion of any kind, 
or merely to make a verbal statement, — as 



36 PARLIAMENTARY PRACTICE. 

well as when one desires to address the assem- 
bly in debate, he must in the first place, as 
the expression is, " obtain the floor" for the 
purpose he has in view. In order to do this, 
he must rise in his place,* and, standing un- 
covered, address himself to the presiding 
officer, by his title; the latter, on hearing 
himself thus addressed, calls to the member 
by his name; and the member may then, but 
not before, proceed with his business. 

47. If two or more members rise and ad- 
dress themselves to the presiding officer, at 
the same time, or nearly so, he should give 
the floor to the member, whose voice he first 
heard. If his decision should not be satisfac- 
tory, any member may call it in question, 
saying that in his opinion such a member (not 
the one named) was first up, and have the 
sense of the assembly taken thereon, as to 
which of the members should be heard. In 
this case, the question should be first taken 
upon the name of the member announced by 

* In the house of representatives of Massachusetts, 
where each member's seat is regularly assigned to 
him, and numbered, it has been found useful, in de- 
ciding upon the claims of several competitors for the 
floor, to prefer one who rises in his place, to a mem- 
ber who addresses the speaker from the area, the 
passageways, or the seat of any other member. 



OF THE INTRODUCTION OF BUSINESS. 37 

the presiding officer; and, if this question 
should be decided in the negative, then upon 
the name of the member for whom the floor 
was claimed in opposition to him. 

48. The mode of proceeding upon such 
communications from persons not members, 
as are above alluded to, may be explained by 
that adopted on the presentation of a petition, 
which may be considered as the representative 
of the whole class to which it belongs. 

49. A petition, in order to be received, 
should be subscribed by the petitioner himself, 
with his own hand, either by name or mark, 
except in case of inability from sickness, or 
because the petitioner is attending in person; 
and should be presented or offered, not by the 
petitioner himself, but by some member to 
whom it is intrusted for that purpose. 

50. The member, who presents a petition, 
should previously have informed himself of 
its contents, so as to be able to state the sub- 
stance of it, on offering it to the assembly, 
and also to be prepared to say, if any question 
should be made, that in his judgment it is 
couched in proper language, and contains 
nothing intentionally disrespectful to the 
assembly. 

51. Being thus prepared, the member rises 



38 PARLIAMENTARY PRACTICE. 

in his place, with the petition in his hand, and 
informs the assembly that he has a certain 
petition, stating the substance of it, which he 
thereupon presents or offers to the assembly, 
and, at the same time, moves (which, however, 
may be done by any other member) that it 
be received; the motion being seconded, the 
Question is put whether the assembly will 
receive the petition or not. This is the regu- 
lar course of proceeding; but, in practice there 
is seldom any question made on receiving a 
petition; the presiding officer usually taking 
it for granted, that there is no objection to 
the reception, unless it be stated. If, how- 
ever, any objection is made to a petition, before 
it has been otherwise disposed of, the presid- 
ing officer eught to retrace his steps and re- 
quire a motion of reception to be regularly 
made and seconded. 

52. If the question of reception is deter- 
mined in the affirmative, the petition is 
brought up to the table by the member pre- 
senting it; and is there read as of course by 
the clerk. It is then regularly before the 
assembly, to be dealt with as it thinks pro- 
per; the usual course being either to proceed 
to consider the subject of it immediately, or 
to assign some future time for its considera- 



OF THE INTRODUCTION OF BUSINESS. 39 

tion, or to order it to lie on the table for the 
examination and consideration of the mem- 
bers individually. 

53. Whenever a member introduces a pro- 
position of his own, for the consideration of 
the assembly, he puts it into the form he 
desires it should have, and then moves that it 
be adopted as the resolution, order, or vote 
of the assembly. If this proposition so far 
meets the approbation of other members, that 
one of them rises in his place and seconds it, 
it may then be put to the question; and the 
result, whether affirmative or negative, be- 
comes the judgment of the assembly. 

54. A motion must be submitted in writing; 
otherwise the presiding officer will be justified 
in refusing to receive it; he may do so, how- 
ever, if he pleases, and is willing to take the 
trouble himself to reduce it to writing. This 
rule extends only to principal motions, which, 
when adopted, become the act and express 
the sense of the assembly; but not to sub- 
sidiary or incidental motions f which merely 
enable the assembly to dispose of the former 

f Such as, to adjourn, — lie on the table, — for the 
previous question, — for postponement, — commit- 
ment, etc. 



40 PARLIAMENTARY PRACTICE. 

in the manner it desires, and which are always 
in the same form. In the case of a motion to 
amend, which is a subsidiary motion, the rule 
admits of an exception, so far as regards the 
insertion of additional words, which, as well 
as the principal motion, must be in writing. 

55. A motion must also be seconded, that 
is, approved by some one member, at least, 
expressing his approval by rising and saying, 
that he seconds the motion; and if a motion 
be not seconded, no notice whatever is to be 
taken of it by the presiding officer; though, 
in practice, very many motions, particularly 
those which occur in the ordinary routine of 
business, are admitted without being seconded. 
This rule applies as well to subsidiary as prin- 
cipal motions. The seconding of a motion 
seems to be required, on the ground, that the 
time of the assembly ought not to be taken 
up by a question, which, for anything that 
appears, has no one in its favor but the mover. 
There are some apparent exceptions to this 
rule, which will be stated hereafter, in those 
cases, in which one member alone has the 
right of instituting or giving direction to a 
particular proceeding; and an actual excep- 
tion is sometimes made by a special rule, re- 



OF THE INTRODUCTION OF BUSINESS. 41 

quiring certain motions to be seconded by 
more than one member. 

56. When a motion has been made and 
seconded, it is then to be stated by the pre- 
siding officer to the assembly, and thus be- 
comes a question for its decision; and, until 
so stated, it is not in order for any other 
motion to be made,* or for any member to 
speak to it; but, when moved, seconded, and 
stated from the chair, a motion is in the 
possession of the assembly, and cannot be 
withdrawn by the mover, but by special leave 
of the assembly, which must be obtained by 
a motion made and seconded as in other 
cases. 

57. When a motion is regularly before the 
assembly, it is the duty of the presiding officer 
to state it if it be not in writing, or to cause 
it to be read, if it be, as often as any member 

* " A member can make but one motion at a time. 
The contrary has been allowed in Congress, and has 
grown to be a common usage; e.g., as, when a mem- 
ber makes a motion, and then moves in the same 
breath that his own motion be laid on the table. 

This is a great abuse; and the bad example of 
Congress should not be followed by other assem- 
blies. In such a case, the presiding officer should 
entertain the former motion, and treat the latter as 
if it had not been made/' 



42 PARLIAMENTARY PRACTICE. 

desires to have it stated or read for his infor- 
mation. 

58. When a motion or proposition is regu- 
larly before the assembly, no other motion 
can be received, unless it be one which is pre- 
vious in its nature to the question under con- 
sideration, and consequently entitled to take 
its place for the time being, and be first de- 
cided. 



CHAPTEE V. 

OF MOTIONS IN/ GENERAL. 

59. When a proposition is made to a de- 
liberative assembly, for its adoption, the pro- 
position may be in such a form as to be put 
to the question, and the assembly may be in 
such a state as to be willing to come to a 
decision upon it, at once; and when this is the 
case, nothing more can be necessary than to 
take the votes of the members, and ascertain 
the result. But a different state of things 
may and commonly does exist; the assembly 
may prefer some other course of proceeding 
to an immediate decision of the question in 



OF MOTIONS IN GENERAL. 43 

the form in which it is presented; and, as it is 
proper, that every parliamentary body should 
have the means of fitly disposing of every 
proposition which may be made to it, certain 
forms of question have from time to time been 
invented, and are now in general use, for that 
purpose. These forms of question may prop- 
erly be called subsidiary, in order to dis- 
tinguish them from the principal motion or 
question to which they relate. 

60. The different states of mind, in which 
a proposition may be received by a delibera- 
tive assembly, and the corresponding forms 
of proceeding, or subsidiary motions, to which 
they give rise, in order to ascertain the sense 
of the assembly, are the following: 

First. The assembly may look upon the 
proposition as useless or inexpedient; and may 
therefore desire to suppress it, either for a 
time, or altogether. The subsidiary motions, 
for this purpose, are the previous question, 
and indefinite postponement. 

Second. The assembly may be willing to 
entertain and consider of a proposition, but 
not at the time when it is made; either be- 
cause more information is wanted by the 
members individually; or because they desire 



44 PARLIAMENTARY PRACTICE, 

further time for reflection and examination: 
or because the assembly is then occupied with 
some other matter, which has more pressing 
claims upon its present attention. The usual 
motions, under such circumstances, are post- 
ponement to some future day or time, and to 
lie on the table. 

Third. The subject-matter of a proposition 
may be regarded with favor, but the form in 
which it is introduced may be so defective, 
that a more careful and deliberate consider- 
ation, than can conveniently be given to it in 
the assembly itself, may be necessary to put 
it into a satisfactory form. In this case, it is 
most proper to refer the proposition to a 
committee. 

Fourth. The proposition may be acceptable, 
and the form in which it is presented so far 
satisfactory, that the assembly may be willing 
to consider and act upon it, w T ith such altera- 
tions and amendments as may be thought 
proper. The motion adapted to this case is 
to amend. 

61. It is not to be supposed that the sub- 
sidiary motions above specified are the only 
ones that have at any time been adopted or 
used; or that it is not competent to a delib- 



OF MOTIONS TO SUPPKESS. 45 

erative assembly to frame new motions at 
pleasure; but these are the forms in most 
common use, and are entirely sufficient for all 
practical purposes. * Neither is it to be sup- 
posed, that these motions are always applied 
strictly to the cases to which they most appro- 
priately belong; several of them are frequently 
used to effect purposes, for which others 
would be more proper. These misajoplica- 
tions will be taken notice of, under the heads 
of the several motions. 



CHAPTEE VI. 

OF MOTIONS TO SUPPRESS. 

62. When a proposition is moved, which it 
is supposed may be regarded by the assembly 

* It is usual in legislative assemblies, to provide 
by a special rule, both as to the particular motions 
to be used, and the order in which they may be 
made. Thus, the rule in the house of representa- 
tives of Congress (which is also adopted in the house 
of representatives of Massachusetts), is, that, "when 
a question is under debate, no motion shall be- re- 
ceived, but to adjourn, to lie on the table, for the 
previous question, to postpone to a day certain, to 
commit, to amend, to postpone indefinitely, which 
several motions shall have precedence in the order in 
which they are arranged." 



4G PARLIAMENTARY PRACTICE. 

as useless or inexpedient, and which it may 
therefore be desirous to get rid of, such pro- 
position may be suppressed for a time by 
means of the previous question, or altogether 
by a motion for indefinite postponement. 

Sect. I. Previous Question. 

63. The original and proper parliamentary 
use of the previous question being, as above 
stated, the suppression of a main question, it 
seems proper to consider it as one of the sub- 
sidiary motions for that purpose ; although, 
in this country, it has been perverted to a 
wholly different use, namely, the suppression 
of debate. This consideration, in connection 
w T ith the difficulty of the subject, and the im- 
portance of a correct understanding of it, 
makes it proper to devote more room to the 
previous question, than needs to be given to 
most of the other subsidiary motions. It will 
first be considered according to its original 
use and intention : and, afterwards, as used 
m this country. 

64. There are several motions, which give 
rise to questions previous in their nature to 
other questions to which they relate ; but the 
term previous has been applied exclusively to 



OF MOTIONS TO SUPPRESS. 47 

a motion denominated the previous question, 
which has for its object the suppression of a 
principal motion or question. This motion 
was introduced into the house of commons in 
England, more than two centuries ago, for the 
purpose of suppressing subjects of a delicate 
nature, relating to high personages, or the dis- 
cussion of which might call forth observations 
of an injurious tendency. When first made 
use of, the form of the motion was, shall the 
mam question ie put? and the effect of a de- 
cision of it in the negative was to suppress the 
main question for the whole session. The 
form of it was afterwards changed, to that 
which it has]at present, namely, shall the main 
question be note put ? and the effect of a nega- 
tive decision of it now is to suppress the main 
question for the residue of the day only. The 
operation of this motion, in suppressing the 
question to which it is applied, results from 
the principle, that no further consideration or 
discussion can regularly be had of a subject, 
which it has been decided shall not be put 
to the question ; and, therefore, when on the 
motion of the previous question, it has been 
decided, that the principal question shall not 
now be put, that question is disposed of for 



48 PARLIAMENTARY PRACTICE. 

the day, and cannot be renewed until the next 
or some succeeding day. This is the purpose 
for which the previous question was originally 
invented, and for which it is still used in the 
British parliament. 

65. But the previous question may be de- 
cided in the affirmative, as well as the nega- 
tive, that is, that the main question shall 
now be put; in which case, that question is to 
be put immediately, without any further de- 
bate, and in the form in which it then exists. 
This operation of the previous question, when 
decided affirmatively, has led to the use of it 
for the purpose of suppressing debate on a 
principal question, and coming to a vote upon 
it immediately; and this is ordinarily the only 
object of the previous question as made use 
of in the legislative assemblies of the United 
States, f The operation of a negative decision 
is different in different assemblies; in some, 

t Mr. Jefferson (Manual, § xxxiv.) considers this 
extension of the previous question as an abuse. He 
is of opinion that "its uses would be as well an- 
swered by other more simple parliamentary forms, 
and therefore it should not be favored, but restricted 
within as narrow limits as possible. " Notwithstand- 
ing this suggestion, however, the use of the previous 
question, as above stated, has become so firmly 
established, that it cannot now be disturbed or un- 
settled. 



OF MOTIONS TO SUPPRESS. 49 

as, for example, in the house of representa- 
tives of Congress, it operates to dispose of the 
principal or main question by suppressing or 
removing it from before the house for the 
day; but in others, as in the house of repre- 
sentatives of Massachusetts, and the house of 
assembly of New York (in the former by 
usage only, and in the latter by a rule), the 
effect of a negative decision of the previous 
question is to leave the main question under 
debate for the residue of the sitting, unless 
sooner disposed of by taking the question, or 
in some other manner. 

66. In England, the previous question is 
used only for suppressing a main question; 
the object of the mover is to obtain a decision 
of it in the negative; and the effect of such a 
decision, though in strictness only to suppress 
the question for the day, is, practically and 
by parliamentary usage, to dispose of the sub- 
ject altogether. In this country, the previous 
question is used chiefly for suppressing de- 
bate on a main question; the object of the 
mover is to obtain a decision of it in the 
affirmative; and the effect of a decision the 
other way, though in some assemblies operat- 
ing technically to suppress the main question 



50 PARLIAMENTARY PRACTICE. 

for the day only, is, in general, merely to 
suspend the taking of the question for that 
day; either leaving the debate to go on during 
the residue of the day, or the subject to be 
renewed on the next or some other day. The 
operation of an affirmative decision is the 
same, in both countries, namely, the putting 
of the main question immediately, and with- 
out further debate, delay, or consideration. 

Sect. II. Indefinite Postponement. 

67. In order to suppress a question alto- 
gether, without coming to a direct vote upon 
it, in such a manner that it cannot be re- 
newed, the proper motion is for indefinite 
postponement ; that is, a postponement or 
adjournment of the question, without fixing 
any day for resuming it. The effect of this 
motion, if decided in the affirmative, is to 
quash the proposition entirely ; as an in- 
definite adjournment is equivalent to a disso- 
lution, or the continuance of a suit, without 
day, is a discontinuance of it. A negative 
decision has no effect whatever.* 

* "The motion to indefinitely postpone cannot be 
amended. When a motion to indefinitely postpone 
prevails, the proposition so postponed connot be re- 
newed during the session." — Ed. 



OF MOTIONS TO POSTPONE. 51 

CHAPTER VII. 

OF MOTIOKS TO POSTPONE* 

68. If the assembly is willing to entertain 
and consider a question, but not at the time 
when it is moved, the proper course is either 
to postpone the subject to another day, or to 
order it to lie on the table. 

69. When the members individually want 
more information than they possess, at the 
time a question is moved, or desire further 
time for reflection and examination, the pro- 
per motion is, to postpone the subject to such 
future day as will answer the views of the 
assembly. 

70. This motion is sometimes used improp- 
erly, to get rid of a proposition altogether, as 
would be done by an indefinite postponement. 
This is effected by fixing upon a day, which, 
according to the common course of things, 
will not arrive until after the assembly has 
been brought to a close. But a motion, word- 
ed in this manner, is precisely equivalent to 
a motion for indefinite postponement, and 
should be so considered and treated. 



52 PARLIAMENTARY PRACTICE. 

71. If the assembly has something else be- 
fore it, which claims its present attention, and 
is therefore desirous to postpone a particular 
proposition, until that subject is disposed of, 
such postponement may be effected by means 
of a motion that the matter in question lie on 
the table. If this motion prevails, the subject 
so disposed of may be taken up, at any time 
afterwards, and considered, when it may suit 
the convenience of the assembly. 

72. This motion is also sometimes made use 
of for the final disposition of a subject; and 
it always has that effect, when no motion is 
afterwards made to take it up.* 



CHAPTER VIII. 

OF MOTIONS TO COMMIT. 

73. The third case for the use of a sub- 
sidiary motion, as already stated, occurs, 
when the subject-matter of a proposition is 
regarded with favor, but the form in which 
it is introduced is so defective, that a more 
careful and deliberate consideration is neces- 

* "This motion (i.e., to lie on the table) is not de- 
batable, and is not subject to amendment." — Ed. 



OF MOTIONS TO COMMIT. 53 

sary, than can conveniently be given to it in 
the assembly itself, in order to put . it into a 
satisfactory form. The course of proceeding 
then is, to refer the subject to a committee; 
which is called a commitment, or, if the sub - 
ject has already been in the hands of a com 
mittee, a recommitment. 

74. If there is a standing committee of the 
assembly, whose functions embrace the sub- 
ject in question, the motion should be to re- 
fer it to that committee; if there is no such 
committee, then the motion should be to re- 
fer to a select committee. If it is a matter of 
doubt, whether a particular standing com- 
mittee is appropriate or not, and propositions 
are made for a reference to that committee, 
and also for a reference to a select committee, 
the former proposition should be first put to 
the question. 

75. When a subject is referred or recom- 
mitted, the committee may be instructed or 
ordered by the assembly, as to any part or 
the whole of the duties assigned them; or 
the subject may be left w T ith them without 
instructions. In the former case, the in- 
structions must be obeyed, of course; in the 
latter, the committee have full power over 



54 PARLIAMENTARY PRACTICE. 

the matter, and may report upon it, in any 
manner they please, provided they keep with- 
in the recognized forms of parliamentary pro- 
ceedings. 

76. A part only of a subject may be com- 
mitted, without the residue ; or different 
parts may be committed to different com- 
mittees. 

77. A commitment with instructions is 
sometimes made use of, as a convenient mode 
of procuring further information, and, at the 
same time, of postponing the consideration of 
a subject to a future though uncertain day. 



CHAPTER IX. 

OF MOTIONS TO AMEND. 

78. The last case, for the introduction of 
subsidiary motions, is when the assembly is 
satisfied with the subject-matter of a proposi- 
tion, but not with the form of it, or with ail 
its different parts, or desires to make some 
addition to it. The course of proceeding 
then is, to bring the proposition into the 
proper form, and make its details satisfactory, 
by means of amendments, or of certain pro- 



OF MOTIONS TO AMEND. 55 

ceedings of a similar character, and having 
the same general purpose in view. The latter 
will be first considered. 

Sect. I. Division* of a Question/. 

79. When a proposition or motion is com- 
plicated, that is, composed of two or more 
parts, which are so far independent of each 
other, as to be susceptible of division into 
several questions, and it is supposed that the 
assembly may approve of some but not of all 
these parts, it is a compendious mode of 
amendment to divide the motion into separate 
questions, to be separately voted upon and 
decided by the assembly. This division may 
take place by the order of the assembly, on a 
motion regularly made and seconded for the 
purpose. 

80. When a motion is thus divided, it be- 
comes a series of questions, to be considered 
and treated each by itself, as an independent 
proposition, in the order in which they stand; 
and when they have all been gone through 
with and decided, the result will be the same, 
as if motions to amend by striking out the 
several parts had been made and put to the 
question. When a motion for a division is 



5(5 PARLIAMENTARY PRACTICE. 

made, the mover ought to specify in his mo- 
tion the manner in which he proposes to make 
the division ; and this motion, like every 
other of the nature of an amendment, is itself 
susceptible of amendment. 

81, It is sometimes asserted, that it is the 
right of every individual member to have a 
complicated question (provided it is suscep- 
tible of division) divided into its several parts* 
and a question put separately on each, on his 
mere demand, and without any motion or any 
vote of the assembly for that purpose. But 
this is a mistake, there is no such rule of 
parliamentary proceeding ; a complicated 
question can only be separated by moving 
amendments to it in the usual manner, or by 
moving for a division of it in the manner 
above stated. 

82. It is not unusual, however, for a delib- 
erative assembly to have a rule providing for 
the division of a complicated question (pro- 
vided it is susceptible of division) into its 
several parts, upon the demand of a member. 
When this is the case, it is for the presiding 
officer (subject of course to the revision 'of the 
assembly) to decide, when the division of a 
motion is demanded, first, whether the propo- 



OF MOTIONS TO AMEXD. 57 

sition is susceptible of division, and, secondly, 
into how many and what parts it may be 
divided. 

83. A proposition, in order to be divisible, 
must comprehend points so distinct and en- 
tiro, that if one or more of them be taken 
away, the others may stand entire and by 
themselves; but a qualifying paragraph, as, 
for example, an exception or a proviso, if 
separated from the general assertion or state- 
ment to which it belongs, does not contain an 
entire point or proposition. 

Sect. II. Filling Blanks. 

84. It often happens, that a proposition is 
introduced with blanks purposely left by the 
mover to be filled by the assembly, either 
with times and numbers, or with provisions 
analogous to those of the proposition itself. 
In the latter case, blanks are filled in the 
same way, that other amendments by the 
insertion of words are made. In the former, 
propositions to fill blanks are not considered 
as amendments to the question, but as origi- 
nal motions, to be made and decided before 
the principal question. 

85. When a blank is left to be filled with a 



58 PARLIAMENTARY PRACTICE. 

time or number, motions may be made for 
that purpose, and the question taken on each 
by itself, and before another is made; or 
several motions may be made and pending 
before any of them are put to the question. 
This last mode of proceeding, which is the 
most usual as well as convenient, requires 
that the several propositions should be ar- 
ranged, and the question taken on them, in 
such order as will the soonest and with the 
most certainty enable the assembly to come 
to an agreement. 

86. In determining upon the order to be 
adopted, the object is not to begin at that ex- 
treme, which and more being within every 
man's wish, no one can vote against it, and, 
yet, if it should be carried in the affirmative, 
every question for more would be precluded; 
but, at that extreme, which will be likely to 
unite the fewest, and then to advance or re- 
cede, until a number or time is reached, which 
will unite a majority. 

87. Hence, when several different proposi- 
tions are made for filling blanks with a time 
or number, the rule is, that if the larger com- 
prehends the lesser, as in a question to what 
day a postponement shall take place, —the 



OF MOTIONS TO AMEND. 59 

number of which a committee shall consist, — 
the amount of a fine to be imposed, — the term 
of an imprisonment, — the term of irredeema- 
bility of a loan, — or the terminus in quern in 
any other case, the question must begin a 
maximo, and be first taken upon the greatest 
or farthest, and so on to the least or nearest, 
until the assembly comes to a vote: But, if 
the lesser includes the greater, as in questions 
on the limitation of the rate of interest, — on 
the amount of a tax, — on what day the ses- 
sion of a legislative assembly shall be closed, 
by adjournment, — on what day the next ses- 
sion shall commence, — or the terminus a quo 
in any other case, the question must begin a 
minimo, and be first taken on the least or 
nearest, and so on to the greatest or most re- 
mote, until the assembly comes to a vote. \ 

f The above is the rule as laid down by Mr. Jeffer- 
son (§ 33), and holds where it is not superseded by a 
special rule, which is generally the case in our leg- 
islative assemblies ; as, for example, in the senate of 
the United States, the rule is, that in filling blanks, 
the largest sum and longest time shall be first 
put. In the house of commons, in England, the 
rule established by usage is, that the smallest suib 
and the longest time shall be first put. 



60 PARLIAMENTARY PRACTICE. 

Sect. III. Addition, — Separation, 
Transposition. 

88. When the matters contained in two 
separate propositions might be better put in- 
to one, the mode of proceeding is to reject 
one of them, and then to incorporate the sub- 
stance of it with the other by way of amend- 
ment. A better mode, however, if the busi- 
ness of the assembly will admit of its being 
adopted, is to refer both propositions to a 
committee, with instructions to incorporate 
them together in one. 

89. So, on the other hand, if the matter of 
one proposition would be more properly dis- 
tributed into two, any part of it may be 
struck out by way of amendment, and put 
into the form of a new and distinct proposi- 
tion. But in this, as in the former case, a 
better mode would generally be to refer the 
subject to a committee. 

90. In like manner, if a paragraph or sec- 
tion , requires to be transposed, a question 
must be put on striking it out where it stands, 
and another for inserting it in the place de- 
sired. 

91. The numbers prefixed to the several 



OF MOTIONS TO AMEND. 61 

sections, paragraphs, or resolutions, which 
constitute a proposition, are merely marginal 
indications, and no part of the text of the 
proposition itself; and, if necessary, they may 
be altered or regulated by the clerk, without 
any vote or order of the assembly. 

Sect. IV. Modification" or Amendment 
by the Mover. 

92. The mover of a proposition is some- 
times allowed to modify it, after it has been 
stated as a question by the presiding officer; 
but, as this is equivalent to a withdrawal 
of the motion, in order to substitute another 
in its place; and, since, as has already been 
seen, a motion regularly made, seconded, and 
proposed, cannot be withdrawn without leave: 
it is clear, that the practice alluded to rests 
only upon general consent; and, that, if ob- 
jected to, the mover of a proposition must 
obtain the permission of the assembly, by a 
motion and question, for the purpose, in 
order to enable him to modify his proposi- 
tion. 

93. So, too, when an amendment has been 
regularly moved and seconded, it is sometimes 
the practice for the mover o*f the proposition 



62 PARLIAMENTARY PRACTICE. 

to which it relates to signify his consent to it, 
and for the amendment to be thereupon made, 
without any question being taken upon it by 
the assembly. As this proceeding; however, 
is essentially the same with that described in 
the preceding paragraph, it, of course, rests 
upon the same foundation, and is subject to 
the same rule. 

Sect. V. General Rules relating to 
Amendments. 

94. All amendments, of which a proposi- 
tion is susceptible, so far as form is con- 
cerned, may be effected in one of three ways, 
namely, either by inserting or adding certain 
words; or by striking out certain words; or 
by striking out certain words, and inserting 
or adding others. These several forms of 
amendment are subject to certain general 
rules, which, being equally applicable to them 
all, require to be stated beforehand. 

95. First Rule, When a proposition con- 
sists of several sections, paragraphs, or resolu- 
tions, the natural order of considering and 
amending it is to begin at the beginning, and 
to proceed through it in course by para- 
graphs; and when a latter part has been 



OF MOTIONS TO AMEND. 63 

amended, it is not in order to recur back, and 
make any alteration or amendment of a 
former part. 

96. Second Rule. Every amendment, 
which can be proposed, whether by striking 
out, or inserting, or striking out and insert- 
ing, is itself susceptible of amendment; but 
there can be no amendment of an amendment 
to an amendment: this would be such a pil- 
ing of questions one upon another, as would 
lead to great embarrassment; and as the line 
must be drawn somewhere, it has been fixed 
by usage after the amendment to the amend- 
ment. The object, which is proposed to be 
effected by such a proceeding, must be sought 
by rejecting the amendment to the amend- 
ment, in the form in which it is proposed, 
and then moving it again in the form in 
which, it is wished to be amended, in which 
it is only an amendment to an amendment; 
and in order to accomplish this, he who de- 
sires to amend an amendment should give 
notice, that, if rejected, in the form in 
which it is presented, he shall move it again 
in the form in which he desires to have it 
adopted. 

97. Thus, if a proposition consists of A B^ 



64 PARLIAMENTARY PRACTICE. 

and it is proposed to amend by inserting C D, 
it may be moved to amend the amendment by 
inserting E F; but it cannot be moved to 
amend this amendment, as, for example, by 
inserting G. The only mode, by which this 
can be reached, is to reject the amendment in 
the form in which it is presented, namely, to 
insert E F, and to move it in the form in 
which it is desired to be amended, namely, to 
insert E G F. 

98. Third Rale. Whatever is agreed to 
by the assembly, on a vote, either adopting or 
rejecting a proposed amendment, cannot be 
afterwards altered or amended. 

99. Thus, if a proposition consists of A B, 
and it is moved fco insert C; if the amend- 
ment prevail, cannot be afterwards amend- 
ed, because it has been agreed to in that form; 
and, so, if it is moved to strike out B, and 
the amendment is rejected, B cannot after- 
wards be amended, because a vote against 
striking it out is equivalent to a vote agreeing 
to it as it stands. 

100. Fourth Rule. Whatever is disagreed 
to by the assembly, on a vote, cannot be after- 
wards moved again. This rule is the converse 



OF MOTIONS TO AMEND. 65 

of the preceding, and may be illustrated in 
the same manner. 

101. Thus, if it is moved to amend A B by- 
inserting C, and the amendment is rejected, 
C cannot be moved again; or, if it is moved 
to amend A B by striking out B, and the 
amendment prevails, B cannot be restored; 
because, in the first case, C, and, in the other, 
B, have been disagreed to by a vote. 

102. Fifth Rule. The inconsistency or in- 
compatibility of a proposed amendment with 
one which has already been adopted, is a fit 
ground for its rejection by the assembly, but 
not for the suppression of it by the presiding 
officer, as against order; for, if questions of 
this nature were allowed to be brought within 
the jurisdiction of the presiding officer, as 
matters of order, he might usurp a negative 
on important modifications, and suppress or 
embarrass instead of subserving the will of the 
assembly. 

Sect. VI. Amendments by steiking out. 

103. If an amendment is proposed by strik- 
ing out a particular paragraph or certain 
words, and the amendment is rejected, it can- 
not be again moved to strike out the same 



66 PARLIAMENTARY PRACTICE. 

words or a part of them; but it maybe moved 
to strike out the same words with others, or 
to strike out a part of the same words with 
others, provided the coherence to be struck 
out be so substantial, as to make these, in 
fact, different propositions from the former. 

104. Thus, if a proposition consist of A B 
C D, and it is moved to strike out B C; if 
this amendment is rejected, it cannot be 
moved again ; but it may be moved to strike 
out A B, or A B C, or B C D or C D. 

105. If an amendment by striking out is 
agreed to, it cannot be afterwards moved to 
insert the same words struck out or a Dart of 
them; but it may be moved to insert the same 
words with others, or a part of the same 
words with others, provided the coherence to 
be inserted make these propositions substan- 
tially different from the first. 

106. Thus, if the proposition A B C D is 
amended by striking out B C, it cannot be 
moved to insert B C again; but it may be 
moved to insert B C with other words, or B 
with others or C with others. 

107. When it is proposed to amend by 
striking out a particular paragraph, it may be 
moved to amend this amendment, in three 



OF MOTIONS TO AMEND. 67 

different ways, namely, either by striking out 
a part only of the paragraph, or by inserting 
or adding words, or by striking out and in- 
serting. 

108. Thus, if it is moved to amend the 
proposition A B C D, by striking out B C, it 
may be moved to amend this amendment by 
striking out B only or C only, or by inserting 
E, or by striking out B or C, and inserting E. 

109. In the case of a proposed amendment 
by striking ont, the effect of voting upon it, 
whether it be decided in the affirmative or 
negative according to the third and fourth 
rules above mentioned, renders it necessary 
for those who desire to retain the paragraph 
to amend it, if any amendment is necessary, 
before the vote is taken on striking out; as, 
if struck out, it cannot be restored, and, if 
retained, it cannot be amended. 

110. As an amendment must necessarily be 
put to the question before the principal mo- 
tion; so the question must be put on an 
amendment to an amendment before it is put 
on the amendment; but, as this is the extreme 
limit to which motions may be put upon one 
another, there can be no precedence of one 
over another among amendments to amend- 



68 PARLIAMENTARY PRACTICE. 

ments; and, consequently, they can only be 
moved, one at a time, or, at all events, must 
be put to the question in the order in which 
they are moved. 

111. When a motion for striking out words 
is put to the question, the parliamentary form 
always is, whether the words shall stand as 
part of the principal motion, and not whether 
they shall be struck out. The reason for this 
form of stating the question probably is, that 
the question may be taken in the same manner 
on a part as on the whole of the principal mo- 
tion; which would not be the case, if the 
question was stated on striking out; inasmuch 
as the question on the principal motion, when 
it comes to be stated, will be on agreeing to 
it, and not on striking out or rejecting it. Be- 
sides, as an equal division of the assembly 
would produce a different decision of the ques- 
tion, according to the manner of stating it, it 
might happen, if the question on the amend- 
ment was stated on striking out, that the same 
question would be decided both affirmatively 
and negatively by the same vote.* 

* The common, if not the only, mode of stating the 
question, in the legislative assemblies of this coun- 
try, is on "striking out." 



OF MOTIONS TO AMEND. 69 

112. On a motion to amend by striking out 
certain words, the manner of stating the ques- 
tion is, first to read the passage proposed to be 
amended, as it stands; then the words pro- 
posed to be struck out; and, lastly, the whole 
passage as it will stand if the amendment is 
adopted. 

Sect. VII. Amendments by inserting. 

113. If an amendment is proposed by in- 
serting or adding a paragraph or words, and 
the amendment is rejected, it cannot be moved 
again to insert the same words or a part of 
them; but ifc may be moved to insert the same 
words with others, or a part of the same words 
with others, provided the coherence really 
make them different propositions. 

1 14. Thus, if it is moved to amend the pro- 
position A B by inserting C D, and the 
amendment is rejected. C D cannot be again 
moved; but it may be moved to insert C E, 
or D E, or C D E. 

115. If it is proposed to amend by insert- 
ing a paragraph, and the amendment prevails, 
it cannot be afterwards moved to strike out 
the same words or a part of them; but it may 
be moved to strike out the same words with 



70 PARLIAMENTARY PRACTICE. 

others,* or a part of the same words with 
others, provided the coherence be such as to 
make these propositions really different from 
the first. 

116. Thus, if in the example above sup- 
posed, the amendment prevails, and C D is* 
inserted it cannot be afterwards moved to 
strike out C D, but it may be moved to strike 
out A C or A C D, or D B, or C D B. 

117. When it is proposed to amend by in- 
serting a paragraph, this amendment may be 
amended in three different ways, namely, 
either by striking out a part of the paragraph; 
or by inserting something into it; or by strik- 
ing out and inserting. 

118. Thus, if it is proposed to amend A B 
by inserting C D, this amendment may be 
amended either by striking out C or D, or 
inserting E, or by striking out C or D and in- 
serting E. 

119. When it is proposed to amend by in- 
serting a paragraph, those who are in favor of 
the amendment should amend it, if necessary, 
before the question is taken; because if it is 

* This is the common case of striking out a para- 
graph, after it has been amended by inserting 
words. 



OF MOTIONS TO AMEND. 71 

rejected, it cannot be moved again, and, if 
received, it cannot be amended. 

120. There is no precedence of one over 
another in amendments to amendments by 
inserting, any more than in amendments to 
amendments by striking out. 

121. On a motion to amend by inserting a 
paragraph, the manner of stating the question 
is, first, to read the passage to be amended, 
as it stands; then the words proposed to be 
inserted; and lastly, the whole passage as it 
will stand if the amendment prevails. 

Sect. VIII. Amendments by striking out 

AND INSERTING. 

122. The third form of amending a propo- 
sition, namely, by striking out certain words 
and inserting others in their place, is, in fact, ' 
a combination of the other two forms; and 
may accordingly be divided into those two 
forms, either by a vote of the assembly, or on 
the demand of a member, under a special rule 
to that effect.* 

*Mr. Jefferson (§ xxxv.) says, "the question, if 
desired, is then to be divided," etc. ; but, as he makes 
no exception of a motion to strike out and insert, 
when treating of the subject of division, and does not 
here state it as an exception, he undoubtedly supposes 



72 PARLIAMENTARY PRACTICE. 

123. If the motion is divided, the question 
is first to be taken on striking out; and if 
that is decided in the affirmative, then, on 
inserting; but if the former is decided in the 
negative, the latter falls, of course. On a 
division, the proceedings are the same, in 
reference to each branch of the question, be- 
ginning with the striking out, as if each 
branch had been moved by itself. 

124. If the motion to strike out and insert 
is put to the question undivided, and is de- 
cided in the negative, the same motion can- 
not be made again; but, it may be moved to 
strike out the same words, and, 1, insert 
nothing; 2, insert other words; 3, insert the 
same words with others; 4, insert a part of 
the same words with others; 5, strike out the 
same words with others, and insert the same; 
6, strike out a part of the same words with 
others, and insert the same; 7, strike out 
other words and insert the same; and, 8, in- 
sert the same words, without striking out 
anything. 

125i If the motion to strike out and insert 



the division in this case to be made in the regular and 
usual manner. 



OF MOTIONS TO AMEND. 73 

is decided in the affirmative, it cannot be 
then moved to insert the words struck out or 
a part of them, or to strike out the words in- 
serted, or a part of them; but, it may be 
moved, 1, to insert the same words with 
others; 2, to insert a part of the same words 
with others; 3, to strike out the same words 
with others; or, 4, to strike out a part of the 
same words with others. 

126. When it is proposed to amend by 
striking out and inserting, this amendment 
may be amended in three different ways in 
the paragraph proposed to be struck out, and 
also in the paragraph proposed to be inserted, 
namely, by striking out, or inserting, or 
striking out and inserting. And those who 
are in favor of either paragraph must amend 
it, before the question is taken, for the rea- 
sons already stated, namely, that, if decided 
in the affirmative, the part struck out cannot 
be restored, nor can the part inserted be 
amended; and, if decided in the negative, 
the part proposed to be struck out cannot be 
amended, nor can the paragraph proposed to 
be inserted be moved again. 

127. On a motion to amend, by striking 
out certain words and inserting others, the 



74 PARLIAMENTARY PRACTICE. 

manner of stating the question is first to read 
the whole passage to be amended, as it stands; 
then the words proposed to be struck out; 
next those to be inserted; and, lastly, the 
whole passage as it will stand when amended. 

Sect. IX. Amendments changing the 
Nature of a Question. 

128. The term amendment is in strictness 
applicable only to those changes of a propo- 
sition, by which it is improved, that is, 
rendered more effectual for the purpose 
which it has in view, or made to express 
more cbarly and definitely the sense which it 
is intended, to express. Hence it seems 
proper, that those only should undertake to 
amend a proposition, who friendly to it; but 
this is by no means the rule; when a proposi- 
tion is regularly moved and seconded, it is in 
the possession of the assembly, and cannot be 
withdrawn but by its leave; it has then be- 
come the basis of the future proceedings of 
the assembly, and may be put into any shape, 
and turned to any purpose, that the assembly 
may think proper. 

129. It is consequently allowable to amend 
a proposition in such a manner as entirely to 



OF MOTIONS TO AMEND. 75 

alter its nature, and co make it bear a sense 
different from what it was originally intended 
to bear; so that the friends of it, as it was 
first introduced, may themselves be forced to 
vote against it, in its amended form. 

130. This mode of proceeding is some- 
times adopted for the purpose of defeating a 
proposition, by compelling its original friends 
to unite with those who are opposed to it, in 
voting for its rejection. Thus, in the British 
Houses of Commons, Jan. 29, 1765, a resolu- 
tion being moved, " That a general warrant 
for apprehending the authors, printers, or 
publishers of a libel, together with their 
papers, is not warranted by law T , and is an 
high violation of the liberty of the subject:" — 
it was moved to amend this motion by pre- 
fixing the following paragraph, namely: 
"That in the particular case of libels, it is 
proper and necessary to fix, by a vote of this 
house only, what ought to be deemed the law 
in respect of general warrants; and, for that 
purpose, at the time when the determination 
of the legality of such warrants, in the in- 
stance of a most seditious and treasonable 
libel, is actually depending before the courts 
of law, for this house to declare" — that a 



76 PARLIAMENTARY PRACTICE. 

general warrant for apprehending the au- 
thors, printers, or publishers of a libel to- 
gether with their pape? % s, is not ivarranted by 
law, and is an high violation of the liberty of 
the subject. The amendment was adopted, 
after a long debate, and then the resolution 
as amended was immediately rejected without 
a division. * 

131. But sometimes the nature of a propo- 
sition is changed by means of amendments, 
with a view to its adoption in a sense the very 
opposite of what it was originally intended to 
bear. The following is a striking example of 
this mode of proceeding. In the house of 
commons, April 10, 1744, a resolution was 
moved, declaring, " That the issuing and 
paying to the Duke of Aremberg the sum of 
forty thousand pounds, sterling, to put the 

* This mode of defeating a measure, however, is 
not always successful. In 1780, Mr. Dunning having 
made a motion, in the house of commons, "that, in 
the opinion of this house, the influence of the crown 
has increased, is increasing, and ought to be dimin- 
ished," Dundas, lord-advocate of Scotland, in order 
to defeat the motion, proposed to amend, by insert- 
ing, after the words, in the opinion of this house, 
the words it is now necessary to declare that, 
etc. But this amendment, instead of intimidating 
the friends of the original motion was at once adopted 
by them, and the resolution passed as amended. 



OF MOTIONS TO AMEND. 77 

Austrian troops in motion in the year 1742, 
was a dangerous misapplication of public 
money, and destructive of the rights of par- 
liament." The object of this resolution was 
to censure the conduct of the ministers; and 
the friends of the ministry, being in a major- 
ity, might have voted directly upon the mo- 
tion and rejected it. But they preferred to 
turn it into a resolution approving of the 
conduct of ministers on the occasion referred 
to; and it was accordingly moved to amend, 
by leaving out the words " a dangerous mis- 
application/ 1 etc., to the end of the motion, 
and inserting instead thereof the words, 
" necessary for putting the said troops in 
motion, and of great consequence to the com- 
mon cause." The amendment being adopted, 
it was resolved (reversing the original propo- 
sition) " That the issuing and paying to the 
Duke of Arembergthe sum of forty thousand 
pounds, to put the Austrian troops in motion, 
in the year 1742, was necessary for putting 
the said troops in motion, and of great conse- 
quence to the common cause." 

132. It is a mode of defeating a proposition, 
somewhat similar to that above mentioned, to 
carry out or extend the principle of it, by 



18 PARLIAMENTARY PRACTICE. 

means of amendments, so as to show the 
inconvenience, absurdity, or danger of its 
adoption, with such evident clearness, that it 
becomes impossible for the assembly to agree 
to it. Thus, a motion having been made in 
the house of commons, "for copies of all the 
letters written by the lords of the admiralty 
to a certain officer in the navy/' it was moved 
to amend the motion by adding these 
words: — "which letters may contain orders, 
or be relative to orders, not executed, and still 
subsisting." This amendment being adopt- 
ed, the motion as amended was unanimously 
rejected. 

133. It will be seen, from the foregoing 
examples, that as the mover of a proposition 
is under no restriction as to embracii g incon- 
gruous matters under the same motion; so, 
on the other hand, the assembly may engraft 
upon a motion, by way of amendment, mat- 
ter which is not only incongruous with, but 
entirely opposed to, the motion as originally 
introduced; and, in legislative assemblies, it 
is not unusual to amend a bill by striking out 
all after the enacting clause, and inserting an 
entirely new bill; or to amend a resolution 
by striking out all after the words " Kesolved 



ORDER AND SUCCESSION OF QUESTIONS. 79 

that," and inserting a proposition of a wholly 
different tenor. 



CHAPTER X. 

OF THE ORDER AND SUCCESSION OF QUES- 
TIONS. 

134. It is a general rule, that, when a pro- 
position is regularly before a deliberative as- 
sembly, for its consideration, no other pro- 
position or motion can regularly be made or 
arise, so as to take the place of the former, 
and be first acted upon, unless it be either, 
first, a privileged question; secondly, a sub- 
sidiary question; or, thirdly, an incidental 
question or motion. 

137. All these motions take the place of the 
principal motion, or main question, as it is 
usually called, and are to be first put to the 
question; and, among themselves, also, there 
are some, which, in like manner, take the 
place of all the others. Some of these ques- 
tions merely supersede the principal question, 
until they have been decided ; and, when 
decided, whether affirmatively or negatively, 



80 PARLIAMENTARY PRACTICE. 

leave that question as before. Others of them 
also supersede the principal question, until 
they are decided; and, when decided one way, 
dispose of the principal question; but, if de- 
cided the other way, leave it as before. 

Sect. I. Privileged Questions. 
136. There are certain motions or ques- 
tions, which, on account of the superior im- 
portance attributed to them, either in con- 
sequence of a vote of the assembly, or in 
themselves considered, or of the necessity of 
the proceedings to which they lead, are en- 
titled to take the place of any other subject 
or proposition, which may then be under con- 
sideration, and to be first acted upon and de- 
cided by the assembly. These are called 
privileged questions, because they are en- 
titled to precedence over other questions, 
though they are of different degrees among 
themselves. Questions of this nature are of 
three kinds, namely, first, motions to adjourn; ' 
secondly, motions or questions relating to the 
rights and privileges of the assembly, or of 
its members individually; and, thirdly, mo- 
tions for the orders of the day. 



ORDER AND SUCCESSION OF QUESTIONS. 81 

Adjournment. 
137. A motion to adjourn takes the place 
of all other questions whatsoever ; * for, 
otherwise, the assembly might be kept sitting 
against its will, and for an indefinite time; 
but, in order to entitle this motion to pre- 
cedence, it must be simply to " adjourn," 
without the addition of any particular day or 
time. And, as the object of this motion, 
when made in the midst of some other pro- 
ceeding, and with a yiew to supersede a ques- 
tion already proposed, is simply to break up 
the sitting, it does not admit of any amend- 
ment by the addition of a particular day, or 
in any other manner; though, if a motion to 
adjourn is made, when no other business is 
before the assembly, it may be amended like 
other questions. 

* It is commonly said, that a motion to adjourn is 
always in order, but this is not precisely true. The 
question of adjournment may be moved repeatedly 
on the same day; yet, in strictness, not without 
some intermediate question being proposed, after 
one motion to adjourn is disposed of, and before the 
next motion is made for adjourning; as, for exam- 
ple, an amendment to a pending question, or for the 
reading of some paper. The reason of this is, that, 
until some other proceeding has intervened, the 
question already decided is the same as that newly 
moved. 



82 PARLIAMENTARY PRACTICE. 

138. A motion to adjourn is merely "that 
this assembly do now adjourn ; " and, if it is 
carried in the affirmative, the assembly is ad- 
journed to the next sitting day ; unless it has 
previously come to a resolution, that, on ris- 
ing, it will adjourn to a particular day ; in 
w 7 hich case, it is adjourned to that day. 

139. An adjournment without day, that 
is, without any time being fixed for reassem- 
bling, would, in the case of any other than a 
legislative assembly, be equivalent to a disso- 
lution. * 

140. When a question is interrupted by an 
adjournment, before any vote or question has 
been taken upon it, it is thereby removed 
from before the assembly, and will not stand 
before it, as a matter of course, ac its next 
meeting, but must be brought forward in the 
usual way. 

Questions of Privilege. 

141. The questions, next in relative impor- 
tance, and which supersede all others for the 

* It is quite common, when the business of a de- 
liberative assembly has been brought to a close, to 
adjourn the assembly without day. A better form 
is to dissolve it; as an adjournment without day, if 
we regard the etymology of the word adjourn, is a 
contradiction in terms. 



ORDER AND SUCCESSION OF QUESTIONS. 83 

time being except that of adjournment, are 
those which concern the rights and privileges 
of the assembly, or of its individual mem- 
bers ; as, for example, when the proceedings 
of the assembly are, disturbed or interrupted, 
whether by strangers or members ; or where 
a quarrel arises between two members ; and, 
in these cases, the matter of privilege super- 
sedes the question pending at the time, to- 
gether with all subsidiary and incidental ones, 
and must be first disposed of. When settled, 
the question interrupted by it is to be re- 
sumed, at the point where it was suspended. 

Orders of the Day. 

142. When the consideration of a subject 
has been assigned for a particular day, by an 
order of the assembly, the matter so assigned 
is called the order of the day for that day. 
If, in the course of business, as commonly 
happens in legislative assemblies, there are 
several subjects assigned for the same day, 
they are called the orders of the day. 

143. A question, which is thus made the 
subject of an order for its consideration on a 
particular day, is thereby made a privileged 
question for that day ; the order being a re- 



84 PARLIAMENTARY PRACTICE. 

peal, as to this special case, of the general 
rule as to business. If, therefore, any other 
proposition (with the exception of the two 
preceding f ) is moved or arises, on the day 
assigned for the consideration of a particular 
subject, a motion for the order of the day will 
supersede the question first made, together 
with all subsidiary and incidental questions 
connected with it, and must be first put and 
decided ; for if the debate or consideration of 
that subject were allowed to proceed, it might 
continue through the day and thus defeat the 
order. 

144. But this motion, to entitle it to prece- 
dence, must be for the orders generally, if 
there is more than one, and not for any par- 
ticular one ; and, if decided in the affirma- 
tive, that is, that the assembly will now pro- 
ceed to the orders of the day, they must then 
be read and gone through with, in the order 
m which they stand ; priority of order being 
considered to give priority of right. 

145. If the consideration of a subject is as- 
signed for a particular hour on the day named, 

* " A motion to adjourn and a question of privi- 
lege, take precedence of a motion for the orders of 
the day." — Ed. 



OBDER AND SUCCESSION OF QUESTIONS. 85 

a motion to proceed to it is not a privileged 
motion, until that hour has arrived ; but, if 
no hour is fixed, the order is for the entire 
day and every part of it. 

146. Where there are several orders of the 
day, and one of them is fixed for a particular 
hour, if the orders are taken up before that 
hour, they are to be proceeded with as they 
stand, until that hour, and then the subject 
assigned for that hour is the next in order ; 
but, if the orders are taken up at that time or 
afterwards, that particular subject must be 
considered as the first in order. 

147. If the motion for the orders of the day 
is decided in the affirmative, the original 
question is removed from before the assembly, 
in the same manner as if it had been inter- 
rupted by an adjournment, and does not 
stand before the assembly, as a matter of 
course, at its next meeting, but must be re- 
newed in the usual way. 

148. If the motion is decided in the nega- 
tive, the vote of the assembly is a discharge 
of the orders, so far as they interfere with 
the consideration of the subject then before 
it, and entitles that subject to be first dis- 
posed of. 



m PARLIAMENTARY PRACTICE. 

149. Orders of the day, unless proceeded 
in and disposed of on the day assigned, fall, 
of course, and must be renewed for some 
other day. It may be provided, however, by 
a special rule, as in the legislative assemblies 
of Massachusetts, that the orders for a partic- 
ular day shall hold for every succeeding day, 
until disposed of. 

Sect. II. Incidental Questions. 

150. Incidental questions, are such as arise 
out of other questions, and are consequently 
to be decided before the questions! which give 
rise to them. Of this nature are, first, ques- 
tions of order ; second, motions for the read- 
ing of papers, etc.; third, leave to withdraw 
a motion ; fourth, suspension of a rule : and, 
fifth, amendment of an amendment. 

Questions of Order. 

151. It is the duty of the presiding officer 
of a deliberative assembly, to enforce the rules 
and orders of the body over which he pre- 
sides, in all its proceedings ; and this without 
question, debate, or delay, In all cases, in 
which the breach of order, or the departure 
from rule, is manifest. It is also the right 



ORDER AND SUCCESSION OF QUESTIONS. 87 

of every member, taking notice of the breach 
of a rule, to insist upon the enforcement of it 
in the same manner. 

152. But, though no question can be made, 
as to the enforcement of the rules, when 
there is a breach or manifest departure from 
them, so long as any member insists upon 
their enforcement ; yet questions may and do 
frequently arise, as to the fact of there being 
a breach of order, or a violation of the rules 
in a particular proceeding ; and these ques- 
tions must be decided before a case can arise 
for the enforcement of the rules. Questions 
of this kind are denominated questions of 
order. 

153. When any question of this nature 
arises, in the course of any other proceeding, 
it necessarily supersedes the further consider- 
ation of the subject out of which it arises, 
until that question is disposed of ; then the 
original motion or proceeding revives, and 
resumes its former position, unless it has 
been itself disposed of by the question of 
order. 

154. When a question of order is raised, as 
it may be by any one member, it is not stated 
from the chair, and decided by the assembly, 



88 PARLIAMENTARY PRACTICE. 

like other questions ; but is decided, in the 
first instance, by the presiding officer, without 
any previous debate or discussion by the 
assembly. If the decision of the presiding 
officer, is not satisfactory, any one member 
may object to it, and have the question 
decided by the assembly. This is called 
appealing from the decision of the chair. 
The question is then stated by the presiding 
officer on the appeal, namely : shall the deci- 
sion of the chair stand as the decision of the 
assembly ? and it is thereupon debated and 
decided by the assembly, in the same manner 
as any other question ; except that the pre- 
siding officer is allowed to take a part in the 
debate, which, on ordinary occasions, he is 
prohibited from doing. 

Heading Papers. 

155. It is, for obvious reasons, a general 
rule, that, where papers are laid before a 
deliberative assembly, for its action, every 
member has a right to have them once read 
at the table, before he can be compelled to 
vote on them ; and, consequently, when the 
reading of any paper, relative to a question 
before the assembly, is called for under this 



ORDER AND SUCCESSION OF QUESTIONS. 89 

rule, no question need be made as to the 
reading ; the paper is read by the clerk, 
under the direction of the presiding officer, 
as a matter of course. 

156. But, with the exception of papers 
coming under this rule, it is not the right of 
any member to read himself, or to have read, 
any paper, book, or document whatever, with- 
out the leave of the assembly, upon a motion 
made and a question put for the purpose. 
The delay and interruption, which would 
otherwise ensue from reading every paper 
that might be called for, show the absolute 
necessity of restricting the rule within the 
narrowest possible limits, consistently with 
permitting every member to have as much 
information as possible, on the subjects in 
reference to which he is about to vote. 

157. When, therefore, a member desires 
that any paper, book, or document, on the 
table, whether printed or written (except as 
above mentioned) should be read for his own 
information, or that of the assembly ; or de- 
sires to read any such paper, book, or docu- 
ment, in his place, in the course of a debate, 
or otherwise ; or even to read his own speech 
which he has prepared beforehand and com- 



90 PARLIAMEXTARY PRACTICE. 

mitted to writing ; in all these cases, if any 
objection is made, he must obtain leave of 
the assembly, for the reading, by a motion 
and vote for the purpose. 

158. When the reading of a paper is evi- 
dently for information, and not for delay, it 
is the usual practice for the presiding officer 
to allow of it, unless objection is made, in 
which case leave must be asked ; and this 
is seldom refused, where there is no inten- 
tional or gross abuse of the time and patience 
of the assembly. 

159. It is not now the practice, as it once 
was, in legislative assemblies, to read all 
papers that are presented, especially when 
they are referred to committees immediately 
on their presentation ; though the right of 
every member to insist upon one reading is 
still admitted. It would be impossible, with 
the amount of business done by legislative 
bodies, at the present day, to devote much of 
their time to the reading of papers. 

160. When in the course of a debate or 
other proceeding, the reading of a paper is 
called for, and a question is made upon it, 
this question is incidental to the former, and 
must be first decided. 



ORDER AND SUCCESSION OF QUESTIONS. 91 

Withdrawal of a Motion. 

161. A motion, when regularly made, sec- 
onded, and proposed from the chair, is then 
in the possession of the assembly, and cannot 
be withdrawn by the mover, or directly dis- 
posed of in any manner, but by a vote; 
hence, if the mover of a question wishes to 
modify it, or to substitute a different one in 
its place, he must obtain the leave of the 
assembly for that purpose ; which leave can 
only be had, if objection is made, by a motion* 
and question in the usual mode of proceed- 
ing. 

163. If this motion is decided in the af- 
firmative, the motion to which it relates is 
thereby removed from before the assembly, 
as. if it had never been moved; if in the 
negative, the business proceeds as before. 

Suspension of a Eule. 
163. When any contemplated motion or 
proceeding is rendered impracticable, by rea- 
son of the existence of some special rule by 
which it is prohibited, it has become an es- 
tablished practice in this country, to suspend 

* " This motion is not debatable." — Ed. 



92 PARLIAMENTARY PRACTICE. 

or dispense with the rule,, for the purpose of 
admitting the proceeding or motion which is 
desired. This can only be done by a motion 
and question ; and, where this course is taken 
in order to a motion having reference to a 
proposition then under consideration, a mo- 
tion to suspend the rule supersedes the origi- 
nal question for the time being, and is first 
to be decided.* 

164. It is usual, in the code of rules adopted 
by deliberative assemblies, and especially 
legislative bodies, to provide that a certain 
number exceeding a majority, as two thirds 
or three fourths, shall be competent to the 
suspension of a rule in a particular case; 
w T here this is not provided, there seems to 
be no other mode of suspending or dispens- 
ing with a rule than by general consent. 

Amendment of Amendments. 

165. In treating of amendments, it has al- 
ready been seen, that it is allowable to amend 
a proposed amendment; and that the ques- 
tion on such sub-amendment must neces- 
sarily be put and decided before putting the 

* "A motion to suspend the rules is not debat- 
able."— Ed. 



ORDER AND SUCCESSION OF QUESTIONS. 93 

question on the amendment. The former is 
incidental to the latter, and supersedes it for 
the time being. 

Sect. III. Subsidiary Questions. 
176. Subsidiary, or secondary, questions or 
motions, as has already been stated, are those 
which relate to a principal motion, and are 
made use of to enable the assembly to dispose 
of it in the most appropriate manner. These 
motions have the effect to supersede, and, in 
some cases, when decided one way, to dispose 
of, the principal question. They are also of 
different degrees among themselves, and, ac- 
cording to their several natures, supersede, 
and sometimes dispose of, one another. 

167. The subsidiary motions in common 
use are the following, namely:— lie on the 
table, — the previous question, — postpone- 
ment, either indefinite or to a day certain, — 
commitment, — and, amendment. 

168. It is a general rule, with certain ex- 
ceptions which will be immediately mentioned, 
that subsidiary motions cannot be applied to 
one another; as for example, suppose a mo- 
tion to postpone, commit or amend a princi- 
pal question, it cannot be moved to suppress 



94 PARLIAMENTARY PRACTICE. 

the motion to postpone, etc., by putting a 
previous question on it; or, suppose the pre- 
vious question is moved, or a commitment, 
or amendment, of a main question, it cannot 
be moved to postpone the previous question, 
or the motion for commitment or amend- 
ment. The reasons for this rule are: 1. It 
would be absurd to separate the appendage 
from its principal; 2. It would be a piling of 
questions one on another, which, to avoid em- 
barrassment, is not allowed; and 3, The same 
result may be reached more simply by voting 
against the motion which it is attempted to 
dispose of by another secondary motion. 

169. The exceptions to the rule above 
stated are, that motions to postpone (either 
to a day certain or indefinitely), to commit, 
or to amend, a principal question, may be 
amended, for the reason, that the useful 
character of amendment gives it a privilege of 
attaching itself to a secondary and privileged 
motion ; that is, a subsidiary motion to 
carry out and improve another may be ap- 
plied to that other, but a subsidiary motion 
to dispose of or suppress another is not ad- 
missible. Hence, the subsidiary motions 
above mentioned may be amended. 



ORDER AND SUCCESSION OF QUESTIONS. 95 

170. A previous question, however, cannot 
be amended; the nature of it not admitting of 
any change. Parliamentary usage has fixed 
its form to be, shall the main question be now 
put? that is, at this instant; and, as the pre- 
sent instant is but one, it cannot admit of 
any modifications; and to change it to the 
next day or any other moment is without ex- 
ample or utility. For the same reasons, also, 
that the form of it is fixed by parliamentary 
usage, and is already as simple as it can be, 
a motion to lie on the table cannot be 
amended. 

Lie on the Table. 

171. This motion is usually resorted to, 
when the assembly has something else before 
it, which claims its present attention, and 
therefore desires to lay aside a proposition 
for a short but indefinite time, reserving to 
itself the power to take it up when conve- 
nient. This motion takes precedence of and 
supersedes all the other subsidiary motions. 

172. If decided in the affirmative, the 
principal motion, together with all the other 
motions, subsidiary and incidental, connected 
with it, is removed from before the assembly, 



96 PARLIAMENTARY PRACTICE. 

until it is again taken up; which it may be, 
by motion and vote, at any time^ when the 
assembly pleases. 

173. If decided in the negative, the busi- 
ness proceeds in the same manner as if the 
motion had never been made. 

Previous Question. 

174. This motion has already been de- 
scribed (63), and the nature and effect of it 
fully stated. It stands in an equal degree 
with all the other subsidiary motions, except 
the motion to lie on the table; and, conse- 
quently, if first moved, is not subject to be 
superseded by a motion to postpone, commit 
or amend. 

175. If the previous question is moved be- 
fore the others above mentioned, and put to 
the question, it has the effect to prevent 
those motions from being made at all; for, if 
decided affirmatively, to wit, that the main 
question shall now be put, it would of course 
be contrary to the decision of the assembly, 
and therefore against order, to postpone, 
commit, or amend; and if decided nega- 
tively, to wit, that the main question shall 
not now be put, this takes the main question 



ORDER AND SUCCESSION OF QUESTIONS. 97 

out of the possession of the assembly, for the 
day, so that there is then nothing before it to 
postpone, commit, or amend.* 

Postponement. 

176. The motion to postpone is either in- 
definite, or to a day certain; and, in both 
these forms, maybe amended; in the former, 
by making it to a day certain, — in the latter, 
by substituting one day for another. But, 
in the latter case, propositions to substitute 
different days for that originally named, bear 
more resemblance to propositions for filling 
blanks, than they do to amendments, and 
should be considered and treated accordingly. 

177. If, therefore, a motion is made for an 
indefinite postponement, it may be moved to 
amend the motion, by making it to a day cer- 
tain. If any other day is desired, it may be 
moved as an amendment to the amendment; 
or it may be moved as an independent mo- 
tion, when the amendment has been rejected. 

* In the house of representatives of Massachusetts, 
as the effect of a negative decision of the previous 
question is not to remove the principal question from 
before the house, that question is still open to post- 
ponement, commitment, or amendment, notwith- 
standing such negative decision. 



08 PARLIAMENTARY PRACTICE. 

178. If a motion is made for a postpone- 
ment to a day certain, it may be amended by 
the substitution of a different day; but in 
this case, a more simple and effectual mode 
of proceeding is to consider the day as a 
blank, to be filled in the usual manner, bo- 
ginning with the longest time. 

179. This motion stands in the same de- 
gree with motions for the previous question, 
— to commit, — and to amend; and, if first 
made, is not susceptible cf being superseded 
by them. 

180. If a motion for postponement is de- 
cided affirmatively, the proposition to which 
it is applied is removed from before the as- 
sembly, with all its appendages and incidents, 
and consequently there is no ground for either 
of the other subsidiary motions; if decided 
negatively, that the proposition shall not be 
postponed, that question may then be sup- 
pressed by the previous question, or com- 
mitted, or amended. 

Commitment. 

181. A motion to commit, or recommit 
(which is the term used when the proposition 
has- already been once committed), may be 



ORDER AND SUCCESSION OF QUESTIONS. 99 

amended, by the substitution of one kind of 
committee for another, or be enlarging or 
diminishing the number of the members of 
the committee, as originally proposed, or by 
instructions to the committee. 

182. This motion stands in the same degree 
with the previous question and postponement 
— and, if first made, is not superseded by 
them — but it takes precedence of a motion to 
amend. 

183. If decided affirmatively, the proposi- 
tion is removed from before the assembly; 
and, consequently, there is no ground for the 
previous question, or for postponement, or 
amendment; if negatively, to wit, that the 
principal question shall not be committed, 
that question may then be suppressed by the 
previous question, or postponed, or amended. 

Amendment. 

184. A motion to amend, as has been seen, 
may be itself amended. It stands m the 
same degree only with the previous question 
and indefinite postponement, and neither, if 
first moved, is superseded by the other. 

185. But this motion is liable to be super- 
seded by a motion to postpone to a day oer- 



100 PARLIAMENTARY PRACTICE. 

tain; so that amendment and postponement 
competing, the latter is to be first put. The 
reason is, that a question for amendment is 
not suppressed by postponing or adjourning 
the principal question, but remains before 
the assembly, whenever the main question is 
resumed; for otherwise, it might happen, 
that the occasion for other urgent business 
might go by and be lost by length of debate 
on the amendment, if the assembly had no 
power to posipone the whole subject. 

186. A motion to amend may also be 
superseded by a motion to commit; so that 
the latter, though subsequently moved, is to 
be first put; because, "in truth, it facilitates 
and befriends the motion to amend." 

187. The effect of both a negative and an 
affirmative decision of amendments has al- 
ready been considered (94 to 127). 



OP THE ORDER OF PROCEEDING. 101 



CHAPTER XL 

OF THE ORDER OP PROCEEDING. 

188. When several subjects are before the 
assembly; that is, on the table for considera- 
tion (for there can be but a single subject 
under consideration at the same time), and 
no priority has been given to any one over 
another, the presiding officer is not precisely 
bound to any order, as to what matters shall 
be first taken up; but is left to his own dis- 
cretion, unless the assembly on a question 
decide to take up a particular subject. 

189. A settled order of business, however, 
where the proceedings of an assembly are 
likely to last a considerable time, and the 
matters before it are somewhat numerous, is 
useful if not necessary for the government of 
the presiding officer, and to restrain individual 
members from calling up favorite measures, 
or matters under their special charge, out of 
their just time. It is also desirable, for 
directing the discretion of the assembly, when 



102 PARLIAMENTARY PRACTICE. 

a motion is made to take up a particular 
matter to the prejudice of others, which are 
of right entitled to be first attended to, in the 
general order of business. 

190. The order of business may be estab- 
lished in virtue of some general rule, or by 
special orders relating to each particular sub- 
ject, and must, of course, necessarily depend 
upon the nature and amount of the matters 
before the assembly. 

191. The natural order, in considering and 
amending any paper, which consists of several 
distinct propositions, is, to begin at the begin- 
ning, and proceed through it by paragraphs; 
and this order of proceeding, if strictly ad- 
hered to, as it should always be in numerous 
assemblies, would prevent any amendment in 
a former part, from being admissible, after a 
latter part had been amended; but this rule 
does not seem to be so essential to be observed 
in smaller bodies, in which it may often be 
advantageous to allow of going from one part 
of a paper to another, for the purpose of 
amendments. 

192. To this natural order of beginning at 
the beginning, there is one exception accord- 
ing to parliamentary usage, where a resolu- 



OF THE ORDER OF PROCEEDING. 103 

tion or series of resolutions, or other paper, 
has a preamble or title, in which case, the 
preamble or title is postponed, until the resi- 
due of the paper is gone through with. / 

193. In considering a proposition consist- 
ing of several paragraphs, the course is, for 
the whole paper to be read entirely through, 
in the first place by the clerk; then a second 
time, by the presiding officer, by paragraphs; 
pausing at the end of each, and putting ques- 
tions for amending, if amendments are pro- 
posed; and, when the whole paper has been 
gone through with, in this manner, the pre- 
siding officer puts the final question on agree- 
ing to or adopting the whole paper, as amend- 
ed or unamended. 

194. When a paper which has been referred 
to a committee, and reported back to the 
assembly, is taken up for consideration, the 
amendments only are first read, in course, by 
the clerk. The presiding officer then reads 
the first, and puts it to the question, and 
so on until the whole are adopted or re- 
jected, bofore any other amendment is ad- 
mitted, with the exception of an amendment 
to an amendment. When the amendments 
reported by the committee have been thus 



104 PARLIAMENTARY PRACTICE. 

disposed of, the presiding officer pauses, and 
gives time for amendments to be proposed in 
the assembly to the body of the paper (which 
he also does, if the paper has been reported 
without amendments, putting no questions 
but on amendments proposed); and when 
through the whole, he puts the question on 
agreeing to or adopting the paper, as the reso- 
lution, order, etc. , of the assembly. 

195. The final question is sometimes stated 
merely on the acceptance of the report, but a 
better form is on agreeing with the commit- 
tee in the resolution, order, or whatever else 
the conclusion of the report may be, as amend- 
ed, or without amendment, and the resolution 
or order is then to be entered in the journal 
as the resolution, etc., of the assembly, and 
not as the report of the committee accepted. 

196. When the paper referred to a commit- 
tee is reported back, as amended, in a new 

• draft (which may be and often is done, where 
the amendments are numerous and compara- 
tively unimportant), the new draft is to be 
considered, as an amendment, and is to be 
first amended, if necessary, and then put to 
the question as an amendment reported by 
the committee; or, the course may be, first to 



OF THE ORDER OF PROCEEDING. 105 

accept the new draft, as a substitute for the 
original paper, and then to treat it as such. 

197. It often happens, that, besides a prin- 
cipal question, there are several others con- 
nected with it, pending at the same time, 
which are to be taken in their order ; as, for 
example, suppose, first, a principal motion ; 
second, a motion to amend ; third, a motion 
to commit ; fourth, the preceding motions 
being pending, a question of order arises in 
the debate, which gives occasion, fifth, to a 
question of privilege, and this leads, sixth, 
to a subsidiary motion, as, to lie on the table. 
The regular course of proceeding requires the 
motion to lie on the table to be first put ; if 
this is negatived, the question of privilege is 
then settled ; after that comes the question of 
order ; then the question of commitment ; if 
tha tis negatived, the questson of amendment 
is taken ; and, lastly, the main question. 
This example will sufficiently illustrate the 
manner in which questions may grow out of 
one another, and in what order they are to be 
decided. * 

* The order of motions, for the disposal of any 
• question, is usually fixed by a special rule, in legis- 
lative assemblies. See note to paragraph 61. 



106 PARLIAMENTARY PRACTICE. 

198. When a motion is made and seconded, 
it is the duty of the presiding officer to pro- 
pose it to the assembly ; until this is done, 
it is not a question before the assembly, to be 
acted upon or considered in any manner ; and 
consequently it is not then in order for any 
member to rise either to debate it, or to make 
any motion in relation to it whatever. 

199. It is therefore a most unparliamentary 
and abusive proceeding to allow a principal 
motion and a subsidiary one relating to it to 
be proposed and stated together, and to be 
put to the question in their order ; as is done, 
when a member moves a principal question, 
a resolution, for example, and, at the same 
time, the previous question, or that the reso- 
lution lie on the table. In such a case, the 
presiding officer should take no notice what- 
ever of the subsidiary motion, but should 
propose the principal one by itself in the 
usual manner, before allowing any other to be 
made. Other members, then, would not be 
deprived of their rights of debate, etc., in re- 
lation to the subject moved. 

200. When a member has obtained the 
floor, he cannot be cut off from addressing 
the assembly, on the question before it ; nor, 



OF THE ORDER OF PROCEEDING. 107 

when speakings can he be interrupted in his 
speech^ by any other member rising and moving 
an adjournment, or for the orders of the day, 
or by making any other privileged motion of 
the same kind ; it being a general rule, that a 
member in possession of the floor, or proceed- 
ing with his speech, cannot be taken down or 
interrupted, but by a call to order ; and the 
question of order being decided, he is still to 
be heard through. A call for an adjourn- 
ment, or for the orders of the day, or for the 
question, by gentlemen in their seats, is not 
a motion ; as no motion can be made, without 
rising and addressing the chair, and being 
called to by the presiding officer. Such calls 
for the question are themselves breaches of 
order, which, though the member who has 
risen may respect them, as an expression of 
the impatience of the assembly at further de- 
bate, do not prevent him from going on if he 
pleases. 



108 PARLIAMENTARY PRACTICE. 



OHAPTEK XII. 

OF ORDER m DEBATE. 

201. Debate in a deliberative assembly 
must be distinguished from forensic debate, 
or that which takes place before a judicial 
tribunal; the former being, in theory, at least, 
more the expression of individual opinions 
among the members of the same body ; the 
latter more a contest for victory, between the 
disputants, before a distinct and independent 
body ; the former not admitting of replies ; 
the latter regarding reply as the right of one 
of the parties. * 

202. It is a general rule, in all deliberative 
assemblies, that the presiding officer shall not 
participate in the debate, or other proceedings, 
in any other capacity than as such officer. 



* An exception to this rule is sometimes made in 
favor of the mover of a question, who is allowed, at 
the close of the debate, to reply to the arguments 
brought against his motion ; but this is a matter of 
favor and indulgence, and not of right. 



OF ORDER IN DEBATE. 109 

He is only allowed, therefore, to state matters 
of fact within his knowledge ; to inform the 
assembly on points of order or the course of 
proceeding, when called upon for that pur- 
pose, or when he finds it necessary to do so ; 
and on appeals from his decision on questions 
of order, to address the assembly in debate. 

Sect. I. As to the Manner of speaking. 

203. "When a member desires to address 
the assembly, on any subject before it (as 
well as to make a motion), he is to rise and 
stand up in his place, uncovered, and to 
address himself not to the assembly, or any 
particular member, but to the presiding officer, 
who, on hearing him, calls to him by his name, 
that the assembly may take notice who it is 
that speaks, and give their attention accord- 
ingly. If any question arises, as to who shall 
be entitled to the floor, where several mem- 
bers rise at or nearly at the same time, it is 
decided in the manner already described (46), 
as to obtaining the floor to make a motion. 

204. It is customary, indeed, for the pre- 
siding officer, after a motion has been made, 
seconded, and proposed, to give the floor to 



110 PARLIAMENTARY PRACTICE. 

the mover,* in preference to others, if he rises 
to speak ; or, on resuming a debate, after an 
adjournment, to give the floor, if he desires 
it, to the mover of the adjournment, in prefer- 
ence to other members; or, where two or more 
members claim the floor, to prefer him who is 
opposed to the measure in question ; but, in 
all these cases, the determination of the pre- 
siding officer may be overruled by the assem- 
bly. 

205. It is sometimes thought, that, when a 
member, in the course of debate, breaks off 
his speech, and gives up the floor to another 
for a particular purpose, he is entitled to it 
again, as of right, when that purpose is* ac- 
complished; but, though this is generally 
conceded, yet, when a member gives up the 
floor for one purpose, he does so for all; and 
it is not possible for the presiding officer to 
take notice of and enforce agreements of this 
nature between members. 

206. No person, in speaking, is to mention 

* Sometimes a member, instead of proposing his 
motion, at first, proceeds with his speech ; but in 
such a case, he is liable to be taken down to order, 
unless he states that he intends to conclude with a 
motion, and informs the assembly what that motion 
is, and then he may be allowed to proceed. 



OF ORDER IN DEBATE. Ill 

a member then present by his name; hut to 
describe him by his seat in the assembly, or 
as the member who spoke last, or last but 
one, or on the other side of the question, or 
by some other equivalent expression. The 
purpose of this rule is to guard as much as 
possible against the excitement of all personal 
feeling, either of favor or of hostility, by 
separating, as it were, the official from the 
personal character of each member, and hav- 
ing regard to the former only in the debate. 

207. If the presiding officer rises up to 
speak, any other member, who may have 
risen for the same purpose, ought to sit down, 
in order that the former may be first heard; 
but this rule does not authorize the presiding 
officer to interrupt a member, whilst speak- 
ing, or to cut off one to whom he has given 
the floor; he must wait like other members 
until such member has done speaking. 

208. A member, whilst speaking, must re- 
main standing in his place, uncovered; and, 
when he has finished his speech, he ought to 
resume his seat; but if unable to stand with- 
out pain or inconvenience, in consequence of 
age, sickness, or other infirmity, he may be 
indulged to speak sitting. 



112 PARLIAMENTARY PRACTICE. 

Sect. II. As to the Matter ik 

SPEAKING. 

209. Every question, that can be made in 
a deliberative assembly, is susceptible of being 
debated,* according to its nature; that is, 
every member lias the right of expressing his 
opinion upon it. Hence, it is a general rule, 
and the principal one relating to this matter, 
that, in debate, those who speak are to con- 
fine themselves to the question, and not to 
speak impertinently, or beside the subject, 
So long as a member has the floor, and keeps 
within the rule, he may speak for as long a 
time as he pleases; though, if an uninterest- 
ing speaker trespasses too much upon the 
time and patience of the assembly, the mem- 
bers seldom fail to show their dissatisfaction 
m some way or other, which induces him to 
bring his remarks to a close. 

210. It is also a rule, that no person, in 
speaking, is to use indecent language against 
the proceedings of the assembly, or to reflect 

* In legislative bodies, it is usual to provide, that 
certain questions, as, for example, to adjourn, to lie 
on the table, for the previous question, or, as to the 
order of business, shall be decided without debate. 



OF ORDER IN DEBATE. 113 

upon any of its prior determinations, unless 
he means to conclude his remarks with a mo- 
tion to rescind such determination; but while 
a proposition under consideration is still 
pending, and not adopted, though it may 
have been reported by a committee, reflec- 
tions on it are no reflections on the assembly. 
The rule applies equally to the proceedings of 
committees; which are, indeed, the proceed- 
ings of the assembly. 

211. Another rule in speaking is, that no 
member is at liberty to digress from the mat- 
ter of the question, to fall upon the person of 
another, and to speak reviling, nipping, or 
unmannerly words of or to him. The nature 
or consequences of a measure may be repro- 
bated in strong terms; but to arraign the 
motives of those who advocate it, is a person- 
ality and against order. 

212. It is very often an extremely difficult 
and delicate matter to decide whether the 
remarks of a member are pertinent or relevant 
to the question; but it will, in general, be 
safe for the presiding officer to consider them 
so, unless they very clearly reflect, in an im- 
proper manner, either upon the person or 
motives of a member, or upon the proceedings 



114 PARLIAMENTARY PRACTICE. 

of the assembly; or the member speaking 
digresses from or manifestly mistakes the 
question. 

213. It often happens in the consideration 
of a subject, that, whilst the general question 
remains the same, the particular question 
before the assembly is constantly changing; 
thus, while, for example, the general question 
is on the adoption of a series of resolutions, 
the particular question may, at one moment, 
be on an amendment; at another on post- 
ponement; and, again, on the previous ques- 
tion. In all these cases, the particular 
question supersedes, for the time, the main 
question; and those who speak to it must 
confine their remarks accordingly. The en- 
forcement of order, in this respect, requires 
the closest attention on the part of the pre- 
siding officer. 

214. When a member is interrupted by 
the presiding officer, or called to order by a 
member,* for irrelevancy or departing from 

*"In the latter event, the member will rise, and 
addressing himself to the presiding officer, will say, 
' I rise to a point of order.' - When requested by the 
chair to state it, he will specify the thing he objects 
to. If the chair rules that the member is out of 
order in his remarks, and no appeal is taken from 



OF ORDER IN DEBATE. 115 

the question, a question may be made as to 
whether he shall be allowed to proceed in his 
remarks, in the manner he was speaking 
when he was interrupted; but, if no question 
is made, or if one is made and decided in the 
negative, he is still to be allowed to proceed 
in order, that is, abandoning the objection- 
able course of remark. 

Sect. III. As to Times of speaking. 

215. The general rule, in all deliberative 
assemblies, unless it is otherwise specially 
provided, is, that no member shall speak 
more than once to the same question;* al- 
though the debate on that question may be 
adjourned and continued through several 
days; and, although a member, who desires 
to speak a second time, has, in the course of 
the debate, changed his opinion. 

216. This rule refers to the same question, 



the decision, he will abandon the line of remark con- 
demned, and, if permitted, proceed in order. 

" Should an appeal be taken, it will be decided with- 
out debate." — Ed. 

* The mover and seconder, if they do not speak to 
the question, at the time when the motion is made and 
seconded, have the sarne^ right with other members to 
address the assembly. 



116 PARLIAMENTARY PRACTICE. 

technically considered; for, if a resolution is 
moved and debated, and then referred to a 
committee, those who speak on the introduc- 
tion of the motion may speak again on the 
question presented by the report of the com- 
mittee, though it is substantially the same 
question with the former; and, so, members, 
who have spoken on the principal or mam 
question, may speak again on all the sub- 
sidiary or incidental questions arising in the 
course of the debate. 

217. The rule, as to speaking but once on 
a question, if strictly enforced, will prevent a 
member from speaking a second time without 
the general consent of the assembly, so long 
as there is any other member who himself 
desires to speak; but, w r hen all who desire to 
speak have spoken, a member may speak a 
second time by leave of the assembly. 

218. A member may also be permitted to 
speak a second time, in the same debate, in 
order to clear a matter of fact; or merely to 
explain himself in. some material part of his 
speech; or to the orders of the assembly, if 
they be transgressed (although no question 
may be made), but carefully keeping within 
that line and not failing* into the matter itself , 



OF ORDER IN DEBATE. 117 

219. It is sometimes supposed, that, be- 
cause a member has a right to explain him- 
self, he therefore has a right to interrupt an- 
other member whilst speaking, in order to 
make the explanation: but this is a mistake; 
he should wait until the member speaking 
has finished; and if a member, on being re- 
quested, yields the floor for an explanation, 
he relinquishes it altogether. 

Sect. IV. As to stopping Debate. 

220. The only mode in use, in this country, 
until recently, for the purpose of putting an 
end to an unprofitable or tiresome debate, 
was by moving the previous question; the 
effect of which motion, as already explained, 
if decided in the affirmative, is to require the 
main or principal question to be immediately 
taken. When this question is moved, there- 
fore, it necessarily suspends all further con- 
sideration of the main question, and pre- 
cludes all further debate or amendment of it; 
though, as has been seen, it stands in the 
same degree with postponement, amendment, 
and commitment; and, unless in virtue of a 
special rule, cannot be moved while either of 
those motions is pending. 



118 PARLIAMENTARY PRACTICE. 

221. The other mode of putting an end to 
debate, which has recently been introduced 
into use, is for the assembly to adopt before- 
hand a special order in reference to a par- 
ticular subject, that, at such a time specified, 
all debate upon it shall cease, and all mo- 
tions or questions pending in relation to it 
shall be decided. 

222. Another rule, which has lately been 
introduced for the purpose of shortening 
rather than stopping debate, is, that no mem- 
ber shall be permitted to speak more than a 
certain specified time on any question ; so 
that, when the time allotted has expired, the 
presiding officer announces the fact, and the 
member speaking resumes his seat.* 



* "In the House of Commons, England, ever 
since the Irish Parliamentary Party proved strong 
enough to combat with the Opposition by ob- 
structing all bills in the endeavor to procure 
' Home Rule ' for Ireland there has been nothing 
but turmoil over every bill proposed; to stop this 
the ' Government Party ' passed a rule which was 
applied wherever obstruction or debate was carried 
too far; this was called * Cloture.' It is used as a 
' gag' law, as when ' Cloture' is moved every thing 
or motion is subordinated to the motion in favor of 
which * Cloture* was applied." — Ed, 

—Also see note on page 163. 



OF ORDER IN DEBATE. 119 

Sect. V. As to Decorum in Debate. 

223. Every member having the right to be 
heard, every other member is bound to con- 
duct himself in such a manner, that this right 
may be effectual. Hence, it is a rule of order, 
as well as of decency, that no member is to 
disturb another in his speech by hissing, 
coughing, spitting; by speaking, or whisper- 
ing; by passing between the presiding officer 
and the member speaking; by going across 
the assembly-room, or walking up and down 
in it; or by any other disorderly deportment, 
which tends to disturb or disconcert a mem- 
ber who is speaking. 

224. But, if a member speaking finds, that 
he is not regarded with that respectful atten- 
tion, which his equal right demands, — that 
it is not the inclination of the assembly to 
hear him, — and that by conversation or any 
other noise they endeavor to drown his voice, 
— it is his most prudent course to submit 
himself to the pleasure of the assembly, and 
to sit down; for it scarcely ever happens, 
that the members of the assembly are guilty 
of this piece of ill-manners, without some ex- 
cuse or provocation, or that they are so 



120 PARLIAMENTARY PRACTICE. 

wholly inattentive to one, who says anything 
worth their hearing. 

225. It is the duty of the presiding officer, 
in such a case, to endeavor to reduce the 
assembly to order and decorum; but, if his 
repeated calls to order, and his appeals to the 
good sense and decency of the members, 
prove ineffectual, it then becomes his duty to 
call by name any member who obstinately 
persists in irregularity; whereupon the as- 
sembly may require such member to with- 
draw; who is then to be heard, if he desires 
it, in exculpation, and to withdraw; then the 
presiding officer states the offence committed, 
and the assembly considers of the kind and 
degree of punishment to be inflicted. 

226. If, on repeated trials, the presiding 
officer finds that the assembly will not sup- 
port him in the exercise of his authority, he 
will then be justified, but not till then, in 
permitting, without censure, every kind of 
disorder. 

Sect. VI. As to Disorderly Words. 

227. If a member, in speaking, makes use 
of language, which is personally offensive to 
another, or insulting to the assembly, and the 



OF ORDER IX DEBATE. 121 

member offended, or any other, thinks proper 
to complain of it to the assembly, the course 
of proceedings is as follows: 

228. The member speaking is immediately 
interrupted in the course of his speech, by 
another or several members rising and calling 
to order; and, the member, who objects or 
complains of the words, is then called upon 
by the presiding officer to state the words 
which he complains of, repeating them exactly 
as he conceives them to have been spoken, 
in order that they may be reduced to writing 
by the clerk; or the member complaining, 
without being so called upon, may proceed at 
once to state the words either verbally or in 
writing, and desire that the clerk may take 
them down at the table. The presiding 
officer may then direct the clerk to take them 
down; but if he sees the objection to be a 
trivial one, and thinks there is no foundation 
for their being thought disorderly, he will 
prudently delay giving any such directions, in 
order not unnecessarily to interrupt the pro- 
ceedings; though if the members generally 
seem to be in favor of having the words taken 
down, by calling out to that effect, or by a 
vote, which the assembly may doubtless pass, 



122 PARLIAMENTARY PRACTICE. 

the presiding officer should certainly order the 
clerk to take them down, in the form and 
manner in which they are stated by the mem- 
ber who objects. 

229. The words objected to being thus 
written down, and forming a part of the 
minutes in the clerk's book, they are next to 
be read to the member who was speaking, 
who may deny that those are the words 
which he spoke, in which case, the assembly 
must decide by a question, whether they are 
the words or not. * If he does not deny that 
he spoke those words, or when the assembly 
has itself determined what the words are, 
then they member may either justify them, 
or explain the sense in which he used them, 
so as to remove the objection of their being 
disorderly ; or he may make an apology for 
them. 

230. If the justification, or explanation, or 
apology, of the member, is thought sufficient 
by the assembly, no further proceeding is 
necessary ; the member may resume and go 
on with his speech, the assembly being pre- 

* The words, as written down, may be amended, 
so as to conform to what the assembly thinks to be 
the truth. 



OF ORDER IN DEBATE. 123 

sumed, unless some further motion is made, 
to be satisfied ; but if any two members (one 
to make and the other to second the motion) 
think it necessary to state a question, so as 
to take the sense of the assembly upon the 
words, and whether the member in using 
them has been guilty of any offence towards 
the assembly, the member must withdraw 
before that question is stated ; and then the 
sense of the assembly must be taken, and 
such further proceedings had in relation to 
punishing the member, as may be thought 
necessary and proper. 

231. The above is the course of proceeding 
established by the writers of greatest author- 
ity^* and ought invariably to be pursued ; it 
might however be improved, by the member 
who objects to words writing them down at 
once, and thereupon moving that they be 
made a part of the minutes ; by which means, 
the presiding officer would be relieved from 
the responsibility of determining, in the first 
instance, upon the character of the words. 

232. If offensive words are not taken notice 



* Mr. Hatseli, in England, and Mr. Jefferson, in this 
country. 



124 PARLIAMENTARY PRACTICE. 

of at the time they are spoken,* but the 
member is allowed to finish his speech, and 
then any other person speaks, or any other 
matter of business intervenes, before notice is 
taken of the words which gave offence, the 
words are not to be written down, or the 
member using them censured. This rale is 
established for the common security of all the 
members ; and to prevent the mistakes which 
must necessarily happen, if words complained 
of are not immediately reduced to writing. 



CHAPTER XIII. 

OF THE QUESTION. 

233. When any proposition is made to a 
deliberative assembly, it is called a motion ; 
when it is stated or propounded to the as- 
sembly, for their acceptance or rejection, it 
is denominated a question; and, when 

* Mr. Jefferson (§ 17) lays it down, that "disorderly 
words are not to be noticed till the member has 
finished his speech." But in this, he is contradicted 
by Hatsell, as well as by the general practice of 
legislative bodies. 



OF THE QUESTION. 125 

adopted, it becomes the order, resolution, or 
vote, of the assembly. 

234. All the proceedings, which have thus 
far been considered, have only had for their 
object to bring a proposition into a form to 
be put to the question ; that is, to be adopted 
as the sense, will, or judgment, of the assem- 
bly, or to be rejected ; according as such 
proposition may be found to unite in its 
favor, or to fail of uniting, a majority of the 
members. 

235. When any proposition, whether prin- 
cipal, subsidiary, or incidental, or of what- 
ever nature it may be, is made, seconded, and 
stated, if no alteration is proposed, — or if it 
admits of none, or if it is amended,— and the 
debate upon it, if any, appears to be brought 
to a close, the presiding officer then inquires, 
whether the assembly is ready for the ques- 
tion? and, if no person rises, the question is 
then stated, and the votes of the assembly 
taken upon it. 

236. The question is not always stated to 
the assembly, in the precise form in which it 
arises or is introduced ; thus, for example, 
when a member presents a petition, or the 
chairman of a committee offers a report, the 



126 PARLIAMENTARY PRACTICE. 

question which arises, if no motion is made, 
is, Shall the petition or the report be received? 
and, so, when the previous question is moved, 
it is stated in this form, Shall the main ques- 
tion be now put? — the question being stated, 
in all cases, in the form in which it will 
appear on the journal, if it passes in the 
affirmative. 

237. In matters of trifling importance, or 
which are generally of course, such as re- 
ceiving petitions and reports, withdrawing 
motions, reading papers, etc., the presiding 
officer most commonly supposes or takes for 
granted the consent of the assembly, where 
no objection is expressed, and does not go 
through the formality of taking the question 
by a vote. But if, after a vote has been taken 
in this informal way and declared, any mem- 
ber rises to object, the presiding officer should 
consider every thing that has passed as noth- 
ing, and, at once, go back and pursue the 
regular course of proceeding. Thus, if a 
petition is received, without a question, and 
the clerk is proceeding to read it, in the 
usual order of business, if any one rises to 
object, it will be the safest and most proper 
course, for the presiding officer to require a 



OF THE QUESTION. 127 

motion for receiving it to be regularly made 
and seconded. 

238. The question being stated by the pre- 
siding officer, he first puts it in the affirma- 
tive, namely: . As many as are of opinion 
that — repeating the words of the question, — 
say aye ; and, immediately, all the members 
who are of that opinion answer aye ; the pre- 
siding officer then puts the question nega- 
tively : As many as. are of a different opinion 
say no ; and, thereupon, all the members 
who are of that opinion answer no. The pre- 
siding officer judges by his ear which side 
has "the more voices/' and decides accord- 
ingly, that the ayes have it, or the noes have 
it, as the case may be. If the presiding 
officer is doubtful as to the majority of 
voices, he may put the question a second 
time, and if he is still unable to decide, or, 
if, having decided according to his judgment, 
any member rises and declares that he be- 
lieves the ayes or the noes (whichever it may 
be) have it, contrary to the declaration of the 
presiding officer,* then the presiding officer 
directs the assembly to divide, in order that 

* The most common expression is : "I doubt the 
vote," or, " that vote is doubted." 



128 PARLIAMENTARY PRACTICE. 

fche members on the one side and the other 
may be counted. 

239. If, however, any new motion should 
be made, after the presiding officer's declar- 
ation, or, if a member, who was not in the 
assembly-room when the question was taken, 
should come in, it will then be too late to 
contradict the presiding officer, and have the 
assembly divided. 

240. The above is the parliamentary form 
of taking a question, and is in general use in 
this country ; but, in some of our legislative 
assemblies, and especially in those of the 
New England states, the suffrages are given 
by the members holding up their right hands, 
first those in the affirmative, and then those 
in the negative, of the question. If the pre- 
siding officer cannot determine, by the show 
of hands, which side has the majority, he 
may call upon the members to vote again, 
and if he is still in doubt, or if his declara- 
tion is questioned, a division takes place. 
When the question is taken in this manner, 
the presiding officer directs the members, first 
on the affirmative side, and then on the neg- 
ative, to manifest their opinion by holding 
up the right hand. 



OF THE QUESTION. 129 

241. When a division of the assembly takes 
place, the presiding officer sometimes directs 
the members to range themselves on different 
sides of the assembly-room, and either counts 
them himself, or they are counted by tellers 
appointed by him for the purpose, or by moni- 
tors permanently appointed for that and other 
purposes , or the members rise in their seats, 
first on the affirmative and then on the nega- 
tive, and (standing uncovered) are counted in 
the same manner. When the members are 
counted by the presiding officer, he announces 
the numbers and declares the result. When 
they are counted by tellers or monitors, the 
tellers must first agree among themselves, and 
then the one who has told for the majority 
reports the numbers to the presiding officer, 
who, thereupon, declares the result. 

242. The best mode of dividing an assem- 
bly, that is at all numerous, is for the presid- 
ing officer to appoint tellers for each division 
or section of the assembly-room, and then to 
require the members, first those in the affirm- 
ative, and then those in the negative, to rise, 
stand uncovered, and be counted ; this being 
done, on each side, the tellers of the sever- 



130 PARLIAMENTARY PRACTICE. 

al divisions make their returns, and the pre- 
siding officer declares the result. 

243. If the members are equally divided, 
the presiding officer may, if he pleases, give 
the casting vote; or, if he chooses, he may re- 
frain from voting, in which case, the motion 
does not prevail, and the decision is in the 
negative. 

244. It is a general rule, that every mem- 
ber, who is in the assembly-room at the time 
when the question is stated, has not only the 
right but is bound to vote ; and, on the other 
hand, that no member can vote, who was not 
in the room at that time. 

245. The only other form of taking the 
question, which requires to be described, is 
one in general use i*n this country, by means 
of which the names of the members voting on 
the one side and on the other are ascertained 
and entered in the journal of the assembly. 
This mode, which is peculiar to the legislative 
bodies of the United States, is called taking 
the questions by yeas and nays. In order to 
take a question in this manner, it is stated on 
both sides at once, namely : As many as are 
of opinion, that, etc., will when their names 
are called, answer yes; and As many as are 



OF THE QUESTION. 131 

of a different opinion will, ivhcn their names 
are called, answer no; the roll of the assembly 
is then called over by the clerk, and each 
member, as his name is called, rises in his 
place, and answers yes or no, and the clerk 
notes the answer as the roll is called. When 
the roll has been gone through the clerk reads 
over first the names of those who have an- 
swered in the affirmative and then the names 
of those who have answered in the negative, 
in order that if he has made any mistake in 
noting the answer, or if any member has made 
a mistake in his answer, the mistake of 
either may be corrected. The names having 
been thus read over, and the mistakes, if any, 
corrected, the clerk counts the numbers on 
each side, and reports them to the presiding 
officer, who declares the result to the assem- 

My. 

246. The following is the mode practised 
in the house of representatives of Massachu- 
setts, (which is by far the most numerous of 
all the legislative bodies in this country,) of 
taking a question by yeas and nays. The 
names of the members being printed on a 
sheet, the clerk calls them in their order ; and 
as each one answers, the clerk (responding to 



132 PARLIAMENTARY PRACTICE. 

the member, at the same time) places a figure 
in pencil, expressing the number of the an- 
swer, at the left or right of the name, accord- 
ing as the answer is yes or no ; so that the 
last figure or number, on each side, shows the 
number of the answers on that side ; and the 
two last numbers or figures represent the re- 
spective numbers of the affirmatives and nega- 
tives on the division. Thus, at the left hand 
of the name of the member who first answers 
yes, the clerk places a figure 1 ; at the right 
hand of the first member who answers no, he 
also places a figure 1 ; the second member that 
answers yes is marked 2 ; and so on to the 
end of the list ; the side of the name, on which 
the figure is placed, denoting whether the 
answer is yes or no, and the figure denoting 
the number of the answer on that side. The 
affirmatives and negatives are then read sep- 
arately, if necessary, though this is usually 
omitted, and the clerk is then prepared, by 
means of the last figure on each side, to give 
the numbers to the speaker to be announced 
to the house. The names and answers are 
afterwards recorded on the journal. 

247. In any of the modes of taking a ques- 
tion, in which it is first put on one 'side, and 



OF THE QUESTION". 138 

then on the other, it is no full question, until 
the negative as well as the affirmative has 
been put. Consequently, until the negative 
has been put, it is in order for any member, 
in the same manner as if the division had not 
commenced, to rise and speak, make motions 
for amendment, or otherwise, and thus renew 
the debate ; and this, whether such member 
was in the assembly-room or not, when the 
question was put and partly taken. In such 
a case, the question must be put over again on 
the affirmative as well as the negative side ; 
for the reason, that members who were not in 
the assembly-room, when the question was 
first put, may have since come in, and also 
that some of those who voted, may have since 
changed their minds. When a question is 
taken by yeas and nays, and the negative as 
well as the affirmative of the question is 
stated, and the voting on each side begins 
and proceeds at the same time, the question 
cannot be opened and the debate renewed, 
after the voting has commenced. 

248. If any question arises, in a point of 
order, as, for example, as to the right or the 
duty of a member to vote, during a division, 
the presiding officer must decide it perempto- 



134 PARLIAMENTARY PRACTICE. 

rily, subject to the revision and correction of 
the assembly, after the division is over. In a 
case of this kind, there can be no debate, 
though the presiding officer may if he pleases 
receive the assistance of members with their 
advice, which they are to give sitting, in order 
to avoid even the appearance of a debate ; 
tut this can only be with the leave of the 
presiding officer, as otherwise the division 
might be prolonged to an inconvenient length ; 
nor can any question be taken, for otherwise 
there might be division upon division without 
end. 

249. When, from counting the assembly on 
a division, it appears that there is not a quo- 
rum present, there is no decision ; but the 
matter in question continues in the same state, 
in which it was before the division ; and, when 
afterwards resumed, whether on the same or 
on some future day, it must be taken up at 
that precise point. 



OF RECONSIDERATION. 135 

CHAPTER XIV. 

OF RECONSIDERATION'. 

256. It is a principle of parliamentary law, 
apon which many of the rules and proceedings 
previously stated are founded, that when a 
question has once been put to a deliberative 
assembly, and decided, whether in the affirm- 
ative or negative, that decision is the judg- 
ment of the assembly, and cannot be again 
brought into question. 

252. This principle holds equally, although 
the question proposed is not the identical 
question which has already been decided, but 
only its equivalent; as, for example, where 
the negative of one question amounts to the 
affirmative of the other, and leaves no other 
alternative, these questions are the equiva- 
lents of one another, and a decision of the one 
necessarily concludes the other. 

252. A common application of the rule as 
to equivalent questions occurs in the case 
of an amendment proposed by striking out 
words; in which it is the invariable practice 



136 PARLIAMENTARY PRACTICE. 

to consider the negative of striking out as 
equivalent to the affirmative of agreeing; so 
that to put a question on agreeing, after a 
question on striking out its negatived, would 
be, in effect, to put the same question twice 
over. 

253. The principle above stated does not 
apply so as to prevent putting the same ques- 
tion in the different stages of any proceeding; 
as, for example, in legislative bodies, the 
different stages of a bill; so, in considering 
reports of committees, questions already taken 
and decided, before the subject was referred, 
may be again proposed; and, in like manner, 
orders of the assembly, and instructions or 
references to committees, may be discharged 
or rescinded. 

254. The inconvenience of this rule, which 
is still maintained in all its strictness in the 
British parliament (though divers expedients 
are there resorted to to counteract or evade it), * 

* " The English Parliament rigidly maintains the 
principle that when a subject has been once decided, 
either in the affirmative or negative, it is to remain 
permanently as the judgment of the house. To 
remedy the inconveniences that sometimes occur, it 
resorts to various expedients; as, by passing an ex- 
planatory act, or an act to rectify mistakes in an act, 
etc."— Ed. 



OF RECONSIDERATION. 137 

has led to the introduction into the parlia- 
mentary practice of this country of the motion 
for reconsideration; which, while it recog- 
nizes and upholds the rule in all its ancient 
strictness, yet allows a deliberative assembly, 
for sufficient reasons, to relieve itself from 
the embarrassment and inconvenience, which 
would occasionally result from a strict en- 
forcement of the rule in a particular case. 

255. It has now come to be a common 
practice in all our deliberative assemblies, 
and may consequently be considered as a 
principle of the common parliamentary law 
of this country, to reconsider a vote already 
passed, whether affirmatively or negatively. 

256. For this purpose, a motion is made 
and seconded, in the usual manner, that such 
a vote be reconsidered; and, if this motion 
prevails, the matter stands before the assem- 
bly in precisely the same state and condition, 
and the same questions are to be put in re- 
lation to it, as if the vote reconsidered had 
never been passed. Thus, if an amendment 
by inserting words is moved and rejected, 
the same amendment cannot be moved 
again; but, the assembly may reconsider the 
vote by which it was rejected, and then the 



138 PARLIAMENTARY PRACTICE. 

question will recur on the amendment, pre- 
cisely as if the former vote had never been 
passed. 

257. It is usual in legislative bodies, to 
regulate by a special rule the time, manner, 
and by whom, a motion to reconsider may be 
made; thus, for example, that it shall be made 
only on the same or a succeeding day, — by a 
member who voted with the majority, — or 
at a time when there are as many members 
present as there were when the vote was 
passed; but, where there is no special rule on 
the subject, a motion to reconsider must be 
considered in the same light as any other 
motion, and as subject to no other rules. 



CHAPTEE XV. 
OF COMMITTEES. 

Sect. I. Their Nature and Functions. 

258. It is usual in all deliberative assem- 
blies, to take the preliminary (sometimes, 
also, the intermediate) measures, and to pre- 
pare matters to be acted upon, in the assem- 



OF COMMITTEES. 139 

bly, by means of committees, composed either 
of members specially selected for the particu- 
lar occasion, or appointed beforehand for all 
matters of the same nature. 

259. Committees of the first kind are usu- 
ally called select, the others standing ; though 
the former appellation belongs with equal 
propriety to both, in order to distinguish 
them from another form of committee, con- 
stituted either for a particular occasion, or 
for all cases of a certain kind, which is com- 
posed of all the members of the assembly, 
and therefore denominated a committee of the 
whole. 

260. The advantages of proceeding in this 
mode are manifold. It enables a deliberative 
assembly to do many things, which, from its 
numbers, it would be otherwise be unable to 
do ; — to accomplish a much greater quantity 
of business, by dividing it among the mem- 
bers, than could possibly be accomplished, if 
the whole body were obliged to devote itself 
to each particular subject ; — and to act in the 
preliminary and preparatory steps, with a 
greater degree of freedom, than is compati- 
ble with the forms of proceeding usually 
observed in full assembly. 



140 PARLIAMENTARY PRACTICE. 

261. Committees are appointed to consider 
a particular subject, either at large or under 
special instructions: to obtain information in 
reference to a matter before the assembly, 
either by personal inquiry and inspection^ or 
by the examination of witnesses ; and to 
digest and put into the proper form, for the 
adoption of the assembly, all resolutions, 
votes, orders, and other papers, with which 
they may be charged. Committees are com- 
monly said to be the "eyes and ears" of the 
assembly ; it is equally true, that, for certain 
purposes, they are also its "head and hands." 

262. The powers and functions of commit- 
tees depend chiefly upon the general authority 
and particular instructions given them by the 
assembly, at the time of their appointment ; 
but they may also be, and very often are, 
further instructed, whilst they are in the 
exercise of their functions ; and, sometimes, 
it even happens, that these additional in- 
structions wholly change the nature of a 
committee, by charging it with inquiries 
quite different from those for which it was 
originally established. 



OF COMMITTEES. 141 

Sect. II. Their Appointment. 

263. In the manner of appointing commit- 
tees, there is no difference between standing 
and other select committees, as to the mode 
of selecting the members to compose them ; 
and, in reference to committees of the whole, 
as there is no selection of members, they are 
appointed simplv by the order of the assem- 
bly. 

264. In the appointment of select commit- 
tees, the first thing to be done is to fix upon 
the number. This is usually effected in the 
same manner that blanks are filled, namely, 
by members proposing, without the formality 
of a motion, such members as they please, 
which are then separately put to the ques- 
tion, beginning with the largest and going 
regularly through to the smallest, until the 
assembly comes to a vote. 

265. The number being settled, there are 
three modes of selecting the members, to wit, 
by the appointment of the presiding officer, — 
by ballot, — and by nomination and vote of 
the assembly; the first, sometimes in virtue 
of a standing rule, sometimes in pursuance 
of a vote of the assembly in a particular case; 



142 PARLIAMENTARY. PRACTICE. 

the second always in pursuance of a vote; the 
last is the usual course where no vote is taken. 

266. In deliberative assemblies, whose sit- 
tings are of considerable length, as legisla- 
tive bodies, it is usual to provide by a stand- 
ing rule, that, unless otherwise ordered in a 
particular case, all committees shall be named 
by the presiding officer. Where this is the 
case, whenever a committee is ordered, and 
the number settled, the presiding officer at 
once names the members to compose it. 
Sometimes, also, the rule fixes the number, 
of which, unless otherwise ordered, commit- 
tees shall consist. This mode of appointing 
a committee is frequently resorted to, where 
there is no rule on the subject. 

267. When a committee is ordered to be 
appointed by ballot, the members are chosen 
by the assembly, either singly or altogether, 
as may be ordered, in the same manner that 
other elections are made ; and, in such elec- 
tions, as in other cases of the election of the 
officers of the assembly, a majority of all the 
votes given in is necessary to a choice. 

268. When a committee is directed to be ap- 
pointed by nomination and vote, the names 
of the members proposed are put to the ques- 



OF COMMITTEES. 143 

tion singly, and approved or rejected by the 
assembly, by a vote taken in the usual man- 
ner. If the nomination is directed to be 
made by the presiding officer, he may pro- 
pose the names in the same manner, or all at 
once; the former mode being the most direct 
and simple; the latter enabling the assembly 
to vote more understandingly upon the 
several names proposed. When the nomi- 
nation is directed to be made at large, the 
presiding officer calls upon the assembly to 
nominate, and names being mentioned ac- 
cordingly, he puts to vote the first name he 
hears. 

269. It is also a compendious mode of ap- 
pointing a committee, to revive one which 
has already discharged itself by a report; or 
by charging a committee appointed for one 
purpose with some additional duty, of the 
same or a different character. 

. 270. In regard to the appointment of com- 
mittees, so far as the selection of the members 
is concerned, it is a general rule in legislative 
bodies, when a bill is to be referred, that none 
who speak directly against the body of it are 
to be of the committee, for the reason, that he 
who would totally destroy will not amend; 



144 rARLXAMEXTARY PRACTICE. 

but that, for the opposite reason, those who 
only take exceptions to some particulars in 
the bill are to be of the committee. This rule 
supposes the purpose of the commitment to 
be, not the consideration of the general merits 
of the bill, but the amendment of it in its 
particular provisions, so as to make it accept- 
able to the assembly. 

271. This rule, of course, is only for the 
guidance of the presiding officer, and the 
members, in the exercise of their discretion; 
as the assembly may refuse to excuse from 
serving, or may itself appoint, on a commit- 
tee, persons who are opposed to the subject 
referred. It is customary, however, in all 
deliberative assemblies, to constitute a com- 
mittee of such persons (the mover and 
seconder of a measure being of course ap- 
pointed), a majority of whom, at least, are 
favorably inclined to the measure proposed.* 

272. When a committee has been appointed, 



*"In theory, the majority of the committee 
should be of the friends of the measure referred. 
But as a general rule it will be found that, which- 
ever political party is in the ascendant, that party 
has a majority on the committee, as they will then 
be able to control the committee's workings, etc." — 
Ed. 



OT COMMITTEES. 145 

in reference to a particular subject, it is the 
duty of the secretary of the assembly to make 
out a list of the members, together with a 
certified copy of the authority or instruc- 
tions under which they are to act, and to 
give the papers to the member first named on 
the list of the committee, if convenient, but, 
otherwise, to any other member of the com- 
mittee. 



Sect. III. Their Organization and 
Manner of Proceeding. 

273. The person first named on a commit- 
mittee acts as its chairman, or presiding 
officer, so far as relates to the preliminary 
steps to be taken, and is usually permitted to 
do so, through the whole proceedings: but; 
this is a matter of courtesy; every committee 
having a right to elect its own chairman, who 
presides over it, and makes the report of its 
proceedings to the assembly. 

274. A committee is properly to receive 
directions from the assembly, as to the time 
and place of its meeting, and cannot regu- 
larly sit at any other time or place ; and it 



146 PARLIAMENTARY PRACTICE. 

may be ordered to sit immediately, whilst the 
assembly is sitting, and make its report forth- 
with. 

275. When no directions are given, a com- 
mittee may select its own time and place of 
meeting; but, without a special order to that 
effect, it is not at liberty to sit whilst the 
assembly sits ; and, if a committee is sitting, 
when the assembly comes to order after an 
adjournment, it is the duty of the chairman 
to rise, instantly, on being certified of it, and, 
with the other members, to attend the ser- 
vice of the assembly. 

276. In regard to its forms of proceeding, 
a committee is essentially a miniature assem- 
bly; — it can only act when regularly assem- 
bled together, as a committee, and not by 
separate consultation and consent of the 
members ; nothing being the agreement or 
report of a committee, but what is agreed to 
in that manner; — -a vote taken in committee 
is as binding as a vote of the assembly ; — a 
majority of the members is necessary to con- 
stitute a quorum for business, unless a larger 
or smaller number has been fixed by the as- 
sembly itself ; — and a committee has full 
power over whatever may be committed to it, 



OF COMMITTEES. 147 

except that it is not at liberty to change the 
title or subject. 

277. A committee, which is under no di- 
rections as to the time and place of meeting, 
may meet when and where it pleases, and ad- 
join itself from day to day, or otherwise, until 
it has gone through with the business com- 
mitted to it; but, if it is ordered to meet at a 
particular time, and it fails of doing so, for 
any cause, the committee is closed, and can- 
not act without being newly directed to sit. 

278. Disorderly words spoken in a commit- 
tee must be written down in the same manner 
as in the assembly ; but the committee, as 
such, can do nothing more than report them 
to the assembly for its animadversion; neither 
can a committee punish disorderly conduct 
of any other kind, but must report it to the 
assembly. 

279. When any paper is before a committee 
whether select or of the whole, it may either 
have originated with the committee, or have 
been referred to them ; and, in either case, 
when the paper comes to be considered, the 
course is for it to be first read entirely through, 
by the clerk of the committee, if there is one, 
otherwise by the chairman; and then to be 



148 PARLIAMENTARY PRACTICE. 

'read through again by paragraphs by the 
chairman, pausing at the end of each para- 
graph, and putting questions for amending, 
either by striking out or inserting, if proposed. 
This is the natural order of proceeding in 
considering and amending any paper, and is 
to be strictly adhered to in the assembly; 
but the same strictness does not seem necessary 
in a committee. 

280. If the paper before a committee is 
one which has originated with the committee, 
questions are put on amendments proposed, 
but not on agreeing to the several paragraphs 
of which it is composed, separately, as they 
are gone through with; this being reserved 
for the close, when a question is to be put on 
the whole, for agreeing to the paper, as 
amended, or unamended. 

281. If the paper be one, which has been 
referred to the committee, they proceed as in 
the other case to put questions of amend- 
ment, if proposed, but no final question on 
the whole; because all the parts of the paper, 
having been passed upon if not adopted by 
the assembly as the basis of its action, stand, 
of course, unless altered or struck out by a 
vote of the assembly. Amd even if the com* 



OF COMMITTEES. 149 

mitte are opposed to the whole paper, and are 
of opinion, that it cannot be made good by 
amendments, they have no authority to reject 
it; they must report it back to the assembly, 
without amendments, (specially stating their 
objections, if they think proper,) and there 
make their opposition as individual mem- 
bers. * 

282. In the case of a paper originating with 
a committee, they may erase or interline it 
as much as they please; though, when finally 
agreed to, it ought to be reported in a clear 
draft, fairly written, without erasure or inter- 
lineation. 

283. But, in the case of a paper referred to 
a committee, they are not at liberty to erase, 
interline, blot, disfigure, or tear it, in any 
manner; but they must, in a separate paper, 
set down the amendments they have agreed 
to report, stating the words which are to be 
inserted or omitted, and the place where the 
amendments are to be made, by references to 
the pargraph or section, line, and word. 

284. If the amendments agreed to are very 

* This rule is not applicable, of course, to those 
cases in which the subject, as well as the form or 
details of a paper, is referred to the committee. 



150 PARLIAMENTARY PRACTICE. 

numerous and minute, the committee may re- 
port them altogether, in the form of a new 
and amended draft. 

285. When a committee has gone through 
the paper, or agreed upon a report on the 
subject, which has been referred to them, it 
is then moved by some member, and there- 
upon voted, that the committee rise, and that 
the chairman, or some other member, make 
their report to the assembly. 

Sect. IV. Their Report. 

286. When the report of a committee is to 
be made, the chairman, or member appointed 
to make the report, standing in his place, in- 
forms the assembly, that the committee, to 
whom was referred such a subject or paper, 
have, according to order, had the same under 
consideration, and have directed him to make 
a report thereon, or to report the same with 
sundry amendments, or without amendment, 
as the case may be, which he is ready to do, 
when the assembly shall please ; and he or any 
other member may then move that the report 
be now received. On this motion being made, 
the question is put whether the assembly 
will receive the report at that time ; and a 



OF COMMITTEES. 151 

yote passes, accordingly, either to receive it 
then, or fixing upon some future time for its 
reception. 

287. At the time, when, by the order of 
the assembly, the report is to be received, the 
chairman reads it in his place, and then de- 
livers it, together with all the papers, connect- 
ed with it, to the clerk at the table ; where it 
is again read, and then lies on the table, until 
the time assigned, or until it suits the conveni- 
ence of the assembly, to take it up for con- 
sideration. 

288. If the report of the committee is of a 
paper with amendments, the chairman reads 
the amendments with the coherence in the 
paper, whatever it may be, and opens the al- 
terations, and the reasons of the committee 
for the amendments, until he has gone through 
the whole ; and, when the report is read at 
the clerk's table, the amendments only are 
read without the coherence. 

289. In practice, however, the formality of 
a motion and vote on the reception of a report 
is usually dispensed with ; though, if any ob- 
jection is made, or if the presiding officer sees 
any informality in the report, he should de- 
cline receiving it without a motion and vote ; 



152 PARLIAMENTARY PRACTICE. 

and a report, if of any considerable length, is 
seldom read, either by the chairman in his 
place, or by the clerk at the table, until it is 
taken up for consideration. In legislative 
assemblies, the printing of reports generally 
renders the reading of them unnecessary. 

290. The report of a committee being made 
and received, the committee is dissolved, and 
can act no more without a new power ; but 
their authority may be revived by a vote, and 
the same matter recommitted to them. If a 
report, when offered to the assembly, is not 
received, the committee is not thereby dis- 
charged, but may be ordered to sit again, and 
a time and place appointed accordingly. 

291. When a subject or paper has been 
once committed, and a report made upon it, 
it may be recommitted either to the same or 
a different committee ; and if a report is re- 
committed, before it has been agreed to by 
the assembly, what has heretofore passed in 
the committee is of no validity ; the w T hole 
question being again before the committee, as 
if nothing had passed there in relation to it. 

292. The report of a committee may be 
made in three different forms, namely : first, 
it may contain merely a statement of facts, 



OF COMMITTEES. 153 

reasoning, or opinion, in relation to the sub- 
ject of it, without any specific conclusion ; or, 
second, a statement of facts, reasoning, or 
opinion, concluding with a resolution, or 
series of resolutions, or some other specific 
proposition ; or, third, it may consist merely 
of such resolutions, or propositions, without 
any introductory part. 

293. The first question, on a report, is, in 
strictness, on receiving it ; though in prac- 
tice, this question is seldom or never made ; 
the consent of the assembly, especially in 
respect to the report of a committee of the 
whole, bein.g generally presumed, unless ob- 
jection is made. When a report is received, 
whether by general consent, or upon a ques- 
tion and vote, the committee is discharged, 
and the report becomes the basis of the future 
proceedings of the assembly, on the subject 
to which it relates. 

294. At the time assigned for the consid- 
eration of a report, it may be treated and dis- 
posed of precisely like any other proposition 
(59 to 77); and maybe amended, in the same 
manner (78 to 133), both in the preliminary 
statement, reasoning, or opinion, if it con- 
tain any, and in the resolutions, or other 



154 PARLIAMENTARY PRACTICE. 

propositions with which it concludes ; so if 
it consist merely of a statement, etc. without 
resolutions, or of resolutions, etc., without 
any introductory part. 

295. The final question on a report, what- 
ever form it may have, is usually stated on 
its acceptance ; and, when accepted, the 
whole report is adopted by the assembly, and 
becomes the statement, reasoning, opinion, 
resolution, or other act, as the case may be, 
of the assembly ; the doings of a committee, 
when agreed to, adopted, or accepted, becom- 
ing the acts of the assembly, in the same 
manner as if done originally by the assem- 
bly itself, without the intervention of a com- 
mittee. 

296. It would be better, however, and in 
stricter accordance with parliamentary rules, 
to state the final question on a report, accord- 
ing to the form of it. If the report contain 
merely a statement of facts, reasoning, or 
opinion, the question should be on accept- 
ance; if it also conclude with resolutions, or 
other specific propositions, of any kind, — the 
introductory part being consequently merged 
in the conclusion, — the question should be on 
agreeing to the resolutions, or on adopting 



OF COMMITTEES. 155 

the order, or other proposition, or on passing 
or coming to the vote, recommended by the 
committee ; and the same should be the form 
of the question when the report consists 
merely of resolutions, etc., without any in- 
troductory part. 

Sect. V. Committee oe the Whole. 

297. When a subject has been ordered to 
be referred to a committee of the whole, the 
form of going from the assembly into com- 
mittee, is, for the presiding officer, at the 
time appointed for the committee to sit, on 
motion made and seconded for the purpose, 
to put the question that the assembly do now 
resolve itself into a committee of the whole, 
to take under consideration such a matter, 
naming it. If this question is determined in 
the affirmative, the result is declared by the 
presiding officer, who, naming some member 
to act as chairman of the committee, then 
leaves the chair, and takes a seat elsewhere, 
like any other member ; and the person ap- 
pointed chairman seats himself (not in the 
chair of the assembly but) at the clerk's table. * 

* Jefferson says he will sit at the clerk's table. 
Mell says, " The chairman thus designated will 
take the President's chair." — Ed. 



156 PARLIAMENTARY PRACTICE. 

298. The chairman named by the presid- 
ing officer is generally acquiesced in by the 
committee; though, like all other commit- 
tees, a committee of the whole have a right 
to elect a chairman for themselves, some 
member, by general consent, putting the 
question. 

299. The same number of members is nec- 
essary to constitute a quorum of a committee 
of the whole, as of the assembly ; and if the 
members present fall below a quorum, at any 
time, in the course of the proceedings, the 
chairman, on a motion and question, rises, — 
the presiding officer thereupon resumes the 
chair, — and the chairman informs the assem- 
bly (he can make no other report) of the 
cause of the dissolution of the committee. 

300. When the assembly is in committee 
of the whole, it is the duty of the presiding 
officer to remain in the assembly-room, in 
order to be at hand to resume the chair, in 
case the committee should be broken up by 
some disorder, or for want of a quorum, or 
should rise, either to report progress, or to 
make their final report upon the matter com- 
mitted to them. 

301. The clerk of the* assembly does not 



OF COMMITTEES. 157 

act as clerk of the committee (this is the 
duty of the assistant clerk in legislative bod- 
ies), or record in his journal any of the pro- 
ceedings or votes of the committee, but only 
their report as made to the assembly. 

302. The proceedings in a committee of 
the whole, though, in general, similar to those 
in the assembly itself, and in other commit- 
tees, are yet different in some respects, the 
principal of which are the following : — 

303. First, The previous question cannot 
be moved in a committee of the whole. The 
only means of avoiding an improper discus- 
sion is, to move that the committee rise; and, 
if it is apprehended, that the same discussion 
will be attempted on returning again into com- 
mittee, the assembly can discharge the com- 
mittee, and proceed itself with the business, 
keeping down any improper discussion by 
means of the previous question.'* 

304. Second. A committee of the whole 
cannot adjourn, like other committees, to 
some other time or place, for the purpose of 

* If the object be to stop debate, that can only be 
effected, in the same manner, unless there is a spec- 
ial rule, as to the time of speaking, or to taking a 
subject out of committee. 



158 PARLIAMENTARY PRACTICE. 

going on with and completing the considera- 
tion of the subject referred to them; but if 
their business is unfinished, at the usual time 
for the assembly to adjourn, or, for any other 
reason, they wish to proceed no further at a 
particular time, the form of proceeding is, for 
some member to move that the committee 
rise, — report progress, — and ask leave to sit 
again; and, if this motion prevails, the chair- 
man rises, — the presiding officer resumes the 
chair of the assembly, — and the chairman of 
the committee informs him that the commit- 
tee of the whole have, according to order, 
had under their consideration such a matter, 
and have made some progress therein;* but, 
not having had time to go through with the 
same, have directed him to ask leave for the 
committee to sit again. The presiding officer 
thereupon puts a question on giving the com- 
mittee leave to sit again, and also on the time 
when the assembly will again resolve itself 
into a committee. If leave to sit again is not 
granted, the committee is of course dissolved. 
305. Third. In a committee of the whole, 
every member may speak as often as he 

* If it is a second time, the expression is, " some 
further progress, " etc. 



OF COMMITTEES. 159 

pleases, provided he could obtain the floor; 
whereas in the assembly itself, no member 
can speak more than once. 

306. Fourth. A committee of the whole 
cannot refer any matter to another committee; 
but other committees may and do frequently 
exercise their functions, and expedite their 
business by means of sub-committees of their 
own members. 

307. Fifth. In a committee of the whole, 
the presiding officer of the assembly has a 
right to take a part in the debate and pro- 
ceedings, in the same manner as any other 
member. 

308. Sixth. A committee of the whole, like 
a select committee, has no authority to punish 
a breach of order whether of a member, or 
stranger ; but can only rise and report the 
matter to the assembly, who may proceed to 
punish the offender. Disorderly words must 
"oe written down in committee, in the same 
manner as in the assembly, and reported to 
the assembly for their animadversion. 

309. The foregoing are the principal points 
of difference between proceedings in the as- 
sembly and in committees of the whole; in 
most other respects they are precisely similar. 



160 PARLIAMENTARY PRACTICE. 

It is sometimes said, that in a committee of 
the whole, it is not necessary that a motion 
should be seconded. There is no foundation, 
however, either in reason or parliamentary 
usage, for this opinion. 

310. When a committee of the whole have 
gone through with the matter referred to 
them, a member moves that the committee 
rise, and that the chairman (or some other 
member) report their proceedings to the as- 
sembly; which being resolved, the chairman 
rises and goes to his place, — the presiding of- 
ficer resumes the chair of the assembly,- — and 
the chairman informs him, that the committee 
have gone through with the business referred 
to them, and that he is ready to make their 
report, when the assembly shall think proper 
to receive it. The time for receiving the 
report is then agreed upon; and, at the time 
appointed, it is made and received in the same 
manner as that of any other committee (286). 

311. It sometimes happens, that the for- 
mality of a motion and question as to the time 
of receiving a report is dispensed with. If 
the assembly are ready to receive it, at the 
time, they cry out, "now, now," whereupon 
the chairman proceeds; if not then ready, 



CONCLUDING REMARKS. 161 

some other time is mentioned, as "to-mor- 
row," or "Monday," and that time is fixed 
by general consent. But, when it is not the 
general sense of the assembly to receive the 
report at the time, it is better to agree upon 
and fix the time by a motion and question. * 



CONCLUDING KEMAKKS. 

312. In bringing this treatise to a close, it 
will not be deemed out of place, to make a 
suggestion or two for the benefit of those 
persons, who may be called upon to act as 
presiding officers, for the first time. 

313. One of the most essential parts of the 
duty of a presiding officer is, to give the 
closest attention to the proceedings of the 
assembly, and, especially, to what is said by 
every member who speaks. Without the 
first, confusion will be almost certain to 
occur ; wasting the time, perhaps disturbing 



* " Amendments proposed by the committee may 
be amended or rejected by the assembly, and mat- 
ters stricken out by the committee may be restored 
by the assembly." — Ed. 



162 PARLIAMENTARY PRACTICE. 

the harmony, of the assembly. The latter is 
not merely a decent manifestation of respect 
for thos3 who have elevated him to an honor- 
able station ; but it tends greatly to encour- 
age timid or diffident members, and to secure 
them a patient and attentive hearing : and it 
often enables the presiding officer, by a timely 
interference, to check offensive language, in 
season to prevent scenes of tumult and dis- 
order, such as have sometimes disgraced our 
legislative halls. 

314. It should be constantly kept in mind 
by a presiding officer, that, in a deliberative 
assembly, there can regularly be but one 
thing done or doing, at the same time. This 
caution he will find particularly useful to 
him, whenever a quarrel arises between two 
members, in consequence of words spoken in 
debate. In such a case, he will do well to 
require that the regular course of proceeding 
shall be strictly pursued ; and will take care 
to restrain members from interfering in any 
other manner. In general, the solemnity 
and deliberation, with which this mode is 
attended, will do much to allay heat and 
excitement, and to restore harmony and order 
to the assembly. 



CONCLUDING REMARKS. 163 

315. A presiding officer will often find him- 
self embarrassed, by the difficulty, as well as 
the delicacy, of deciding points of order, or 
giving directions as to the manner of pro- 
ceeding. In such cases, it will be useful for 
him to recollect, that — 

The great purpose of all rules and 
forms, is to subserve the will of the 
assembly rather than to restrain it ; 
to facilitate, and not to obstruct, the 
expression of their deliberate senseo 



Note : The so-called "cloture" has the same end 
as the American previous question ; it is intended to 
cut (iebate short. The English previous question 
works to continue debate, and a new scheme had to 
be devised in 1882. Then it was that the French 
cloture was adopted and naturalized. Under the 
Cloture act the Speaker of the House or the Chairman 
of Committee may say when he thinks the subject 
before the House or the Committee has been suffi- 
ciently discussed, and and if a motion be made 
"That the question be now put," he shall put the 
question. If 200 members are in favor of putting 
the question, or if less than 40 oppose it and more 
than 100 are in favor, he shall put the question on 
the principal question before the House or the com- 
mittee at once. In this country, when a member 
reports a bill from his committee" he moves that the 
previous question be put at the end of one houi ; 
debate is therefore limited to one hour. In England, 



164 PARLIAMENTARY PRACTICE. 

a member, calling up a bill for its second reading, 
moves the previous question, and votes against his 
motion. If the previous question should be ordered, 
he would feel grievously disgusted — so would the 
American Congressman, if the previous question 
should not be ordered. 



CONSTITUTION OF THE UNITED STATES. 



PREAMBLE. 

We, the People of the United States, in order to 
form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common de- 
fence, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the 
United States of America. 

ARTICLE I. 

THE LEGISLATIVE DEPARTMENT. 

Section I. — All legislative powers herein granted 
shall be vested in a Congress of the United States, 
which shall consist of a Senate and House of Repre- 
sentatives. 

Section II.— 1. The House of Representatives 
shall be composed of members chosen every second 
year by the people of the several States; and the 
electors in each State shall have the qualifications 
requisite for electors of the most numerous branch 
of the State legislature. 

2. No person shall be a representative who shall 
not have attained to the age of twenty-five years, 



166 CONSTITUTION OF THE UNITED STATES. 

and been seven years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

3. Representatives and direct taxes shall be appor- 
tioned among the several States which may be in- 
cluded within this Union, according to their respec- 
tive numbers, which shall be determined by.addiug 
to the whole number of free persons, including those 
bound to service for a term of years, and excluding 
Indians not taxed, three fifths of all other persons. 
The actual enumeration shall be made within three 
years after the first meeting of the Congress of the 
United States, and within every subsequent term of 
ten years, in such manner as they shall by law 
direct. The number of representatives shall not 
exceed one for every thirty thousand, but each 
State shall have at least one representative; and 
until such enumeration shall be made, the State of 
New Hampshire shall be entitled to choose three; 
Massachusetts, eight; Rhode Island and Providence 
Plantations, one; Connecticut, live; New York, six; 
New Jersey, four; Pennsylvania, eight; Delaware, 
one; Maryland, six; Virginia, ten; North Carolina, 
rive; South Carolina, five; and Georgia, three. 

4. When vacancies happen in the representation 
from any State, the executive authority thereof shall 
issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole 
power of impeachment. 

Section III.— 1. The Senate of the United States 
shall be composed of two Senators from each State, 



CONSTITUTION OF THE UNITED STATES. 167 

chosen by the legislature thereof for six years; and 
each Senator shall have one vote. 

2. Immediately after they shall be assembled in 
consequence of the first election, they shall be di- 
vided as equally as may be into three classes. The 
seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second 
class at the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, so 
that one third may be choosen every second year; 
and if vacancies happen, by resignation or otherwise, 
during the recess of the legislature of any State, the 
executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall 
then fill such vacancies. 

3. No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine 
years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice-President of the United States shall be 
President of the Senate, but shall have no vote unless 
they be equally divided. 

5. The Senate shall choose their other officers, and 
also a President pro tempore in the absence of the 
Vice-President, or when he shall exercise the office 
of President of the United States. 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the Chief Justice shall 
preside: and no person shall be convicted without 



168 CONSTITUTION OF THE UNITED STATES. 

the concurrence of two thirds of the members 
present. 

7. Judgment in cases of impeachment shall not 
extend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, 
trust, or profit under the United States; but the party 
convicted shall nevertheless be liable and subject to 
indictment, trial, judgment, and punishment, accord- 
ing to law. 

Section IV. — 1. The times, places, and manner of 
holding elections for Senators and Representatives 
shall be prescribed in each State by the legislature 
thereof; but the Congress may at any time, by law, 
make or alter such regulations, except as to the 
places of choosing Senators. 

2. The Congress shall assemble at least once in 
every year; and such meeting shall be on the first 
Monday in December, unless they shall by law ap- 
point a different day. 

Section V. — 1. Each house shall be the judge of 
the elections, returns, and qualifications of its own 
members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such 
manner and under such penalties as each house may 
provide. 

2. Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and with the concurrence of two thirds, expel a 
member. 

3. Each house shall keep a journal of its proceed- 



CONSTITUTION OF THE UNITED STATES. 169 

ings, and from lime to time publish the same, except 
ing such parts as may in their judgment require 
secrecy; and the yeas and nays of the members of 
either house on any question shall, at the desire of 
one fifth of those present, be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to an}' other place than 
that in which the two houses shall be sitting. 

Section YI. — 1. The Senators and Representatives 
shall receive a compensation for their services, to be 
ascertained by law, and paid out of the treasury of 
the United States. They shall, in all cases, except 
treason, felony, and breach of the peace, be privi- 
leged from arrest during their attendance at the 
session of their respective houses, and in going to 
and returning from the same; and for any speech or 
debate in either house they shall not be questioned 
in any other place. 

2. No Senator or Representative shall, during the 
time for which he w r as elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time; 
and no person holding any office under the United 
States shall be a member of either house during his 
continuance in office. 

Section VII. — 1. All bills for raising revenue 
shall originate in the House of Representatives; but 
the Senate may propose or concur with amendments, 
as on other bills. 

2. Every bill which shall have passed the House 



170 CONSTITUTION OF THE UNITED STATES. 

of Representatives and the Senate, shall, before it 
become a law, be presented to the President of the 
United States; if he approve, he shall sign it; but* if 
not, he shall return it, with his objections, to that 
house in which it shall have originated; who shall 
enter the objections at large on their journal, and 
proceed to reconsider it. If after such reconsidera- 
tion, two thirds of that house shall agree to pass the 
bill, it shall be sent, together with the objections, to 
the other house, b\ r which it shall likewise be recon- 
sidered; and if approved by two thirds of that house, 
it shall become a law. But in all such cases the 
votes of both houses shall be determined by yeas 
and nays, and the names of the persons voting for 
and against the bill shall be entered on the journal of 
each house respectively. If any bill shall not be re- 
turned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, 
the same shall be a law in like manner as if he had 
signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a 
law. 

3. Every order, resolution, or vote, to which the 
concurrence of the Senate and House of Representa- 
tives may be necessary (except on a question of ad- 
journment), shall be presented to the President of 
the United States; and before the same shall take 
effect, shall be approved by him; or being disap- 
proved by him, shall be re-passed by two thirds of 
the Senate and House of Representatives, according 
to the rules and limitations prescribed in the case of 
a bill. 



CONSTITUTION OF THE UNITED STATES. 171 

Section VIII. — The Congress shall have power — 

1. To lay and collect taxes, duties, imposts, and 
excises; to pay the debts, and provide for the com- 
mon defence and general welfare of the United 
States; but all duties, imposts, and excises shall be 
uniform throughout the United States: 

2. To borrow money on the credit of the United 
States. 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes: 

4. To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States: 

5. To coin money, regulate the value thereof and 
of foreign coin, and to fix the standard of weights 
and measures: 

6. To provide for the punishment of counterfeit- 
ing the securities and current coin of the United 
States: 

7. To establish post-offices and post-roads: 

8. To promote tin* progress of science and useful 
arts, by securiug for limited times, to authors and 
inventors, the exclusive right to their respective writ- 
ings and discoveries: 

9. To constitute tribunals inferior to the Supreme 
Court : 

10. To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law 
of nations: 

11. To declare w T ar, grant letters of marque and 
reprisal, and make rules concerning captures on land 
and water: 



1T2 CONSTITUTION OF THE UNITED STATES. 

12. To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term 
than two years: 

13. To provide and maintain a navy: 

14. To make rules for the government and regula- 
tion of the land and naval forces: 

15. To provide for calling forth the militia to exe- 
cute the laws of the Union, suppress insurrections, 
and repel invasions: 

16. To provide for organizing, arming, and discip- 
lining the militia, and for governing such parts of 
them as may be employed in the service of the 
United States; reserving to the States respectively 
the appointment of the officers and the authority of 
training the militia according to the discipline pre- 
scribed by Congress. 

17. To exercise exclusive legislation in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may, by cession of particular States, 
and the acceptance of Congress, become the seat of 
government of the United States; and to exercise like 
authority over all places purchased by the consent of 
the legislature of the State in which the same shall 
be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings: — and 

18. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing 
powers, aud all other powers vested by this Constitu- 
tion in the government of the United States, or in 
any department or officer thereof. 

Section IX. — 1. The immigration or importation 
of such persons as any of the States now existing 



CONSTITUTION OF THE UNITED STATES. 173 

shall think proper to admit, shall not be prohibited 
by the Congress prior to the year one thousand eight 
hundred and eight; but a tax or duty may be im- 

J posed on such importation not exceeding ten dollars 

; for each person. 

2. The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion, 
or invasion, the public safety may require it. 

3. No bill of attainder or ex post facto law shan be 
passed. 

4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. No preference shall be given by 
any regulation of commerce or revenue to the ports 
of one State over those of another: nor shall vessels 
bound to or from one State be obliged to enter, clear, 
or pay duties in another. 

6. No money shall be drawn from the treasury, but 
in consequence of appropriations made by law; and 
a regular statement and account of the receipts and 
expenditures of all public money shall be published 
from time to time. 

7. No title of nobility shall be granted by the 
United States: and no person holding any office of 
profit or trust under them, shall, without the consent 
of Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, 
prince, or foreign state. 

Section X. — 1. No State shall enter into any 
treaty, alliance, or confederation; grant letters of 



174 CONSTITUTION OF THE UNITED STATES. 

marque and reprisal; coin money; emit bills of 
credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attain- 
der, ex post facto law, or law impairing the obligation 
of contracts; or grant any title of nobility. 

2. No State shall, without the consent of Congress, 
lay any imposts or duties on imports or exports, ex- 
cept what may be absolutely necessary for executing 
its inspection laws: and the net produce of all duties 
and imposts laid by any State on imports or exports, 
shall be for the use of the treasury of the United 
States, and all such laws shall be subject to the revi- 
sion and control of Congress. 

3, No State shall, without the consent of Congress, 
lay any duty on tonnage, keep troops or ships of war 
in time of peace, enter into any agreement or com- 
pact with another State, or with a foreign power, or 
engage in war, unless actually invaded, or in such 
imminent danger as will not admit of delay. 

ARTICLE II. 

THE EXECUTIVE DEPARTMENT. 

Section I. — 1. The executive power shall be vested 
in a President of the United States of America. He 
shall hold his office during the term of four years; 
and, together with the Vice-President, chosen f.jr the 
same term, be elected as follows: 

2. Each State shall appoint, in such manner as the 
legislature thereof may direct, a number of electors 
equal to the whole number of Senators and Repre- 
sentatives to which the State may be entitled in Con- 



CONSTITUTION OF THE UNITED STATES. 175 

gress: but no Senator or Representative, or person 
holding an office of trust or profit under the United 
States, shall be appointed an elector. 

3. The electors shall meet in their respective States, 
and vote by ballot for two persons, of whom one at 
least shall not be an inhabitant of the same State 
with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for 
each; which list they shall sign and certify, and 
transmit sealed to the seat of the government of the 
United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. 
The person having, the greatest number of votes shall 
be President, if such number be a majority of the 
whole number of electors appointed; and if there be 
more than one who have such a majority, and have 
an equal number of votes, then the House of Repre- 
sentatives shall immediately choose, by ballot, one of 
them for President; and if no person have a majority, 
then, from the five highest on the list, the said House 
shall, in like manner, choose a President. But in 
choosing the President, the votes shall be taken by 
States, the representation from each State having 
one vote: a quorum for this purpose shall consist of 
a member or members from two thirds of the States. 
and a majority of all the States shall be necessary to 
a choice. In every case after the choice of the Pre- 
sident, the person having the greatest number of 
votes of the electors shall be Vice-President. But if 
there should remain two or more who have equal 



176 CONSTITUTION OF THE UNITED STATES. 

votes, the Senate shall choose from them, by ballot 
the Vice-President. 

4. The Congress may determine the time of choos- 
ing the electors, and the day on which thej' shall give 
their votes, which, day shall be the same throughout 
the United States. 

5. No person except a natural born citizen, or a 
a citizen of the United States at the time of the adop- 
tion of this Constitution, shall be eligible to the office 
of President: neither shall any person be eligible to 
that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident 
within the United States. 

6. In case of the removal of the President from 
office, or of his death, resignation, or inability to 
discharge the powers and duties of the said office, 
the same shall devolve on the Vice-President; and 
the Congress may, by law, provide for the case of 
removal, death, resignation, or inability, both of the 
President and Vice-President, declaring what officer 
shall then act as President; and such officer shall act 
accordingly, until the disability be removed, or a 
President shall be elected. 

7. The President shall, at stated times, receive for 
his services a compensation, which shall neither be 
increased nor diminished during the period for which 
he shall have been elected; and he shall not receive 
within that period any other emolument from the 
United States, or any of them. 

8. Before he enters on the execution of his office, 
he shall take the following oath or affirmation: 

" I do solemnly swear (or affirm) that I will faith- 



CO STSTITUTION OF THE UNITED STATES. 177 

fully execute the office of President of the United 
States: and will, to the best of m}^ ability, preserve, 
protect, and defend the Constitution of the United 
States." 

Section II. — 1. The President shall be Com- 
mander-in-chief of the army and navy of the United 
States, and of the militia of the several States, when 
called into the actual service of the United States. 
He may require the opinion, in writing, of the prin- 
cipal officer in each of the executive departments, 
upon any subject relating to the duties of their re- 
spective offices; and he shall have power to grant 
reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice 
and consent of the Senate, to make treaties, provided 
two thirds of the Senators present concur; and he 
shall nominate, and, by and with the advice and 
consent of the Senate, shall appoint ambassadors 
and other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United 
States whose appointments are not herein otherwise 
provided for, and which shall be established by law. 
But the Congress may, by law, vest the appointment 
of such inferior officers as they think proper, in the 
President alone, in the courts of law, or in. the heads 
of departments. 

3. The President shall have power to fill up all 
vacancies that may happen during the recess of the 
Senate, by granting commissions, which shall expire 
at the end of their next session. 

Section III.-— 1. He shall, from time to time, give 



178 CONSTITUTION OF THE UNITED STATES. 

to Congress information of the state of the Union, 
and recommend to their consideration such measures 
as he shall judge necessary and expedient. He may, 
on extraordinary occasions, convene both houses, or 
either of them; and in case of disagreement between 
them, with respect to the time of adjournment, he 
may adjourn them to such time as he shall think 
proper. He shall receive ambassadors and other 
public ministers. He shall take care that the laws 
be faithfully executed; and shall commission all 
officers of the United States. 

Section IV. — The President, Vice-President, and 
all civil officers of the United States, shall be re- 
moved from office on impeachment for, and convic- 
tion of, treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE III. 

THE JUDICIAL DEPARTMENT. 

Section I. — The judicial power of the United 
States shall be vested in one Supreme Court, and in 
such inferior courts as Congress may, from time to 
time, ordain and establish. The judges, both of the 
supreme and inferior courts, shall hold their offices 
during good behavior; and shall, at stated times, re- 
ceive for their services a compensation, which shall 
not be diminished during their continuance in office. 

Section II. — 1. The judicial power shall extend to 
all cases in law and equity arising under this Consti- 
tution, the laws of the United States, and treaties 
made, or which shall be made, under their author- 



CONSTITUTION OF THE UNITED STATES. 179 

ity; to all cases affecting ambassadors, other public 
ministers, and consuls; to all cases of admiralty and 
maritime jurisdiction; to controversies to which the 
United States shall be a party; to controversies be- 
tween two or more States; between a State and citi- 
zens of another State; between citizens of different 
States; between citizens of the same State claiming 
lands under grants of different States; and between 
a State, or the citizens thereof, and foreign states, 
citizens, or subjects, 

2. In all cases affecting ambassadors, other public 
ministers, and consuls, and those in which a State 
shall be a party, the Supreme Court shall have orig- 
inal jurisdiction. In all the other cases before men- 
tioned, the Supreme Court shall have appellate juris- 
diction, both as to law and fact, with such exceptions 
and under such regulations as Congress shall make. 

3. The trial of all crimes, except in cases of im- 
peachment, shall be by jury, and such trial shall be 
held in the State where the said crimes shall have 
been committed; but when not committed within 
any State, the trial shall be at such place or places as 
Congress may by law have directed. 

Section III. — 1. Treason against the United States 
shall consist only in levying war against them, or in 
adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason, unless 
on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

2. Congress shall have power to declare the punish- 
ment of treason; but no attainder of treason shall 



180 CONSTITUTION OF THE UNITED STATES. 

work corruption of blood, or forfeiture, except dur- 
ing the life of the person attainted. 

ARTICLE IV. 

MISCELLANEOUS PROVISIONS. 

Section I. — Full faith and credit shall be given in 
each State to the public acts, records, and judicial 
proceedings of every other State; and Congress may, 
by general laws, prescribe the manner in which such 
acts, records, and proceedings shall be proved, and 
the effect thereof. 

Section II. — 1. The citizens of each State shall be 
entitled to all the privileges and immunities of citi- 
zens in the several States. 

2. A person charged in any State with treason, 
felony, or other crime, who shall flee from justice, 
and be found in another State, shall, on demand of 
the executive authority of the State from which he 
fled, be delivered up, to be removed to the State hav- 
ing jurisdiction of the crime. 

3. No person held to service or labor in one State, 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor; but shall be 
delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

Section III. — 1. New States may be admitted by 
Congress into this Union; but no new State shall be 
formed or erected within the jurisdiction of any 
other State, nor any State be formed by the junction 



CONSTITUTION OF THE UNITED STATES. 181 

of two or more States, or parts of States, without the 
consent of the legislatures of the States concerned, as 
well as of Congress. 

2. Congress shall have power to dispose of, and 
make all needful rules and regulations respecting the 
territory or other property belonging to the United 
States; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
States, or of any particular State. 

Section IY. — The United States shall guarantee to 
every State in this Union a republican form of gov- 
ernment, and shall protect each of them against in- 
vasion: and, on application of the legislature, or of 
the executive (when the legislature cannot be con- 
vened), against domestic violence. 

ARTICLE Y. 

The Congress, whenever two thirds of both houses 
shall deem it necessary, shall propose amendments to 
this Constitution; or, on the application of the legis- 
latures of two thirds of the several States, shall call 
a convention for proposing amendments, which, in 
either case, shall be valid, to all intents and pur- 
poses, as parts of this Constitution, when ratified by 
the legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, as the one 
or the other mode of ratification may be proposed by 
Congress; provided that no amendment which may 
be made prior to the year one thousand eight hun- 
dred and eight shall in any manner affect the first 
and fourth clauses in the ninth section of the first 



182 CONSTITUTION OF THE UNITED STATES. 

article; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted, and engagements entered 
into, before the adoption of this Constitution, shall 
be as valid against the United States under this 
Constitution as under the Confederation. 

2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme 
law of the land; and the judges in every State shall 
be bound thereby, anything in the constitution or 
laws of any State to the contrary notwithstanding. 

3. The Senators and Representatives before men- 
tioned, and the members of the several State legisla- 
tures, and all executive and judicial officers, both of 
the United States and of the several States, shall be 
bound by oath or affirmation to support this Consti- 
tution; but no religious test shall ever be required as 
a qualification to any office or public trust under the 
United States. 

ARTICLE VII. 

The ratification of the conventions of nine States 
shall be sufficient for the establishment of this Con- 
stitution between the States so ratifying the same. 
Done in convention by the unanimous consent of the 

States present, the seventeenth day of September, 



CONSTITUTION OF THE UNITED STATES. 183 

in the year of our Lord one thousand seven hun- 
dred and eighty-seven, and of the Independence of 
the United States of America the twelfth. In wit- 
ness whereof we have hereunto subscribed our 
names. 

George Washington, 
President, and Deputy from Virginia. 

AMENDMENTS TO THE CONSTITUTION OF 
THE UNITED STATES. 

Article I. — Congress shall make no law respect- 
ing an establishment of religion, or prohibiting the 
free exercise thereof; or abridging the freedom of 
speech or of the press; or the right of the people 
peaceably to assemble, and to petition the govern 
ment for a redress of grievances. 

Article II. — A well-regulated militia being neces- 
sary to the security of a free State, the right of the 
people to keep and bear arms shall not be infringed. 

Article III. — No soldier shall, in time of peace, 
be quartered in any house without the consent of the 
owner; nor in time of war, but in a manner to be 
prescribed by law. 

Article IV. — The right of the people to be secure 
in their persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be vio- 
lated; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particu- 
larly describing the place to be searched, and the 
persons or things to be seized. 

Article V. — No person shall be held to answer 



184 CONSTITUTION OF THE UNITED STATES. 

for a capital or otherwise infamous crime, unless on 
a presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or 
public danger; nor shall any person be subject for 
the same offence to be put twice in jeopardy of life 
or limb; nor shall be compelled in any criminal case 
to be witness against himself; nor be deprived of life, 
liberty, or property, without due process of law; nor 
shall private property be taken for public use with- 
out just compensation. 

Article VI. — In all criminal prosecutions the ac- 
cused shall enjoy the right to a speedy und public 
trial, by an impartial jury of the State aud district 
wherein the crime shall have been committed, which 
district shall have been previously ascertained by 
law; and to be informed of the nature and cause of 
the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtain- 
ing witnesses in his favor; and to have the assistance 
of counsel for his defence. 

Article VII. — In suits at common law, where the 
value in controversy shall exceed twenty dollars, the 
right of trial by jury shall be preserved; and no fact 
tried by a jury shall be otherwise re-examined in any 
court of the United States, than according to the 
rules of the common law. 

Article VIII. — Excessive bail shall not be re- 
quired, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 

Article IX. — The enumeration in the Constitu- 



CONSTITUTION OF THE UNITED STATES. 185 

tion of certain rights shall not be construed to deny 
or disparage others retained by the people. 

Article X. — The powers not delegated to the 
United States by the Constitution, nor prohibited by 
it to the States, are reserved to the States respect- 
ively, or to the people. 

Article XI. — The judicial power of the United 
States shall not be construed to extend to any suit in 
law or equity, commenced or prosecuted against one 
of the United States by citizens of another State, or 
by citizens or subjects of any foreign state. 

Article XII. — 1. The electors shall meet in their 
respective States, and vote by ballot for President 
and Vice-President, one of whom, at least, shall not 
be an inhabitant of the same State with themselves. 
They shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted 
for as Vice-President; and they shall make distinct 
lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the num- 
ber of votes for each; which lists they shall sign and 
certify, and transmit sealed to the seat of the govern- 
ment of the United States, directed to the President 
of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Represen- 
tatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest 
number of votes for President shall be the President, 
if such number be a majority of the whole num- 
ber of electors appointed: and if no person have 
such majority, then from the persons having the 
highest numbers, not exceeding three, on the list of 



188 CONSTITUTION OF THE UNITED STATES. 

those voted for as President, the House of Represen- 
tatives shall choose immediately, by ballot, the Presi- 
dent. But, in choosing the President, the votes shall 
be taken by States, the representation from each 
State having one vote: a quorum for this purpose 
shall consist of a member or members from two 
thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of 
Representatives shall not choose a President, when- 
ever the right of choice shall devolve upon them, 
before the fourth day of March next following, then 
the Vice-President shall act as President, as in the 
case of the death or other constitutional disability of 
the President. 

2. The person having the greatest number of votes 
as Vice-President shall be the Vice-President, if such 
number be a majority of the whole number of 
electors appointed; and if no person have a majority, 
then from the two highest numbers on the list the 
Senate shall choose the Vice-President. A quorum 
for the purpose shall consist of tw T o thirds of the 
whole number of Senators, and a majority of the 
whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice- 
President of the United States. 

Article XIII. — Section T. — Neither slavery nor 
involuntary servitude, except as a punishment for 
crime, whereof the party shall have been duly con- 
victed, shall exist within the United States, or any 
place subject to their jurisdiction. 



CONSTITUTION OF THE UNITED STATES. 187 

Section II. — Congress shall have power to enforce 
this Article by appropriate legislation. 

Article XIV. — Section I. — All persons born or 
naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States, 
and of the State wherein they reside. No State shall 
make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United 
States; nor shall any State deprive any person of 
life, liberty, or property, without due process of 
law; nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Section II. — Representatives shall be apportioned 
among the several States according to their respective 
numbers, counting the whole number of persons in 
each State, excluding Indians not taxed. But when 
the right to vote at any election for the choice of 
electors for President or Vice-President of the United 
States, Representatives in Congress, the executive 
and judicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years of 
age, and citizens of the United States, or in any way 
abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall 
be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of 
male citizens twenty-one years of age in such State. 

Section III.— No person shall be a Senator or 
Representative in Congress, or elector of President 
and Vice-President, or hold any office, civil or mili- 
tary, under the United States, or under any State, 



188 CONSTITUTION OF THE UNITED STATES. 

who, having previously taken an oath as a member 
of Congress, or as an officer of the United States, or 
as a member of any State legislature, or as an execu- 
tive or judicial officer of any State, to support the 
Constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Congress 
may, by a vote of two thirds of each house, remove 
such disability. 

Section IV. — The validity of the public debt of 
the United States, authorized by law, including debts 
incurred for payment of pensions and bounties for 
services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States 
nor any State shall assume or pay any debt or obli- 
gation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss 
or emancipation of any slave; but ail such debts, 
obligations, and claims shall be held illegal and void. 

Section V. — The Congress shall have power to en- 
force, by appropriate legislation, the provisions of 
this Article. 

Article XV.— Section L— The right of citizens 
of the United States to vote shall not be denied or 
abridged by the United States or by any State on 
account of race, color, or previous condition of ser- 
vitude. 

Section II. — The Congress shall have power to 
enforce this Article by appropriate legislation. 



DECLARATION OF INDEPENDENCE. 



When, in the course of human events, it becomes 
necessary for one people to dissolve the political 
bands which have connected them with another, 
and to assume, among the powers of the earth, the 
separate and equal station to which the laws of 
Nature and Nature's God entitle them, a decent 
respect to the opinions of mankind requires that 
they should declare the causes which impel them to 
the separation. 

We hold these truths to be self-evident; that all 
men are created equal; that they are endowed by 
their Creator with certain inalienable rights; that 
among these are life, liberty, and the pursuit of 
happiness. That to secure these rights, govern- 
ments are instituted among men, deriving their just 
powers from the consent of the governed; that 
whenever any form of government becomes de- 
structive of these ends, it is the right of the people 
to alter or to abolish it, and to institute a new gov- 
ernment, laying its foundation on such principles, 
and organizing its powers in such form as to them 
shall seem most likely to effect their safety and 



190 DECLARATION OF INDEPENDENCE. 

happiness. Prudence, indeed, will dictate that 
governments long established should not be changed 
for light and transient causes; and accordingly all 
experience hath shown that mankind are more dis- 
posed to sutler, white evils are sufferable, than to 
right themselves, by abolishing the forms to w T hich 
they are accustomed. But when a long train of 
abuses and usurpations, pursuing invariably the 
same object, evinces a design to reduce them under 
absolute despotism, it is their right, it is their duty, 
to throw oif such government, and to provide new 
guards for their future security. Such has been 
the patient sufferance of these colonies, and such is 
now the necessity which constrains them to alter 
their former systems of government. The history 
of the present king of Great Britain is a history of 
repeated injuries and usurpations, all having in 
direct object the establishment of an absolute tyr- 
anny over these Stages. To prove this, let facts be 
submitted to a candid world: 

He has refused his assent to laws the most whole- 
some and necessary for the public good. 

He has forbidden his governors to pass laws of 
immediate and pressing importance, unless sus- 
pended in their operation till his assent should be 
obtained; and when so suspended he has utterly 
neglected to attend to them. He has refused to 
pass other laws for the accommodation of large 
districts of people, unless those people would relin- 
quish the right of representation in the legislature 
— a right inestimable to them, and formidable to 
tyrants only. 



DECLARATION OF INDEPENDENCE. 191 

He has called together legislative bodies at places 
unusual, uncomf 01 table, and distant from the re- 
pository of the public records, for the sole purpose 
of fatiguing them into compliance with his meas- 
ures. 

He has dissolved representative houses repeatedly 
for opposing, with manly firmness, his invasions on 
the rights of the people. 

He has refused for a long time after such dissolu- 
tion to cause others to be elected; whereby the 
legislative powers, incapable of annihilation, have 
returned to the people at large for their exercise, 
the State remaining, in the mean time, exposed to 
all the dangers of invasion from without and con- 
vulsions within. 

He has endeavored to prevent the population of 
these States; for that purpose obstructing the laws 
of naturalization of foreigners; refusing to pass 
others to encourage their migration hither, and 
raising the conditions of ' new appropriations of 
lands. 

He has obstructed the administration of justice 
by refusing his assent to laws for establishing judi 
ciary powers. 

He has made judges dependent on his will alone 
for the tenure of their offices and the amount of 
payment of their salaries. 

He has erected a multitude of new offices, and 
sent hither swarms of officers to harass our people, 
and eat out their substance. 

He has kept among us, in times of peace, standing 
armies, without the consent of our legislatures. 



192 DECLARATION OF INDEPENDENCE. 

He has affected to render the military independ- 
ent of and superior to the civil power. 

He has combined with others to subject us to a 
jurisdiction foreign to our Constitution, and un- 
acknowledged by our laws; giving his assent to 
their acts of pretended legislation : 

For quartering large bodies of armed troops 
among us : 

For protecting them by a mock trial from punish- 
ment for any murders which they should commit 
on the inhabitants of these States : 

For cutting off our trade with all parts of the 
world : 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits 
of trial by jury : 

For transporting us beyond seas to be tried for 
pretended offences : 

For abolishing the free system of English laws in 
a neighboring province, establishing therein an 
arbitrary government, and enlarging its boundaries, 
so as to render it at once an example and fit instru- 
ment for introducing the same absolute rule into 
these colonies: 

For taking away our charters, abolishing our 
most valuable laws, and altering, fundamentally, 
tl-.e forms of our government : 

For suspending onr own legislatures, and declar- 
ing themselves invested with power to legislate for 
us in all cases whatsoever. 

He has abdicated government here by declaring 
us out of his protection, and waging war against us. 



DECLARATION OF INDEPENDENCE. 193 

He has plundered our seas, ravaged our coasts, 
ournt our towns, and destroyed the lives of our 
people. 

He is at this time transporting large armies of 
foreign mercenaries to complete the works of death, 
desolation, and tyranny already begun, with cir- 
cumstances of cruelty and perfidy scarcely paral- 
leled in the most barbarous ages, and totally un- 
worthy the head of a civilized nation. 

He has constrained our fellow- citizens, taken 
captive on the high seas, to bear arms against their 
country, to become the executioners of their friends 
and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections among us, 
and has endeavored to bring on the inhabitants of 
our frontiers the merciless Indian savages, whose 
known rule of warfare is an undistinguished de- 
struction of all ages, sexes, and conditions. 

In every stage of these oppressions we have peti- 
tioned for redress in the most humble terms; our 
repeated petitions have been answered only by 
repeated injury. A prince whose character is thus 
marked by every act which may define a tyrant is 
unfit to be the ruler of a free people. 

Nor have we been wanting in attentions to our 
British brethren. We have warned them, from 
time to time, of attempts by their legislature to 
extend an unwarrantable jurisdiction over us. We 
have reminded them of the circumstances of our 
emigration and settlement here. We have appealed 
to their native justice and magnanimity, and we 
have conjured them by the ties of our common 



194 DECLARATION OF INDEPENDENCE. 

kindred to disavow these usurpations, ^vhich would 
inevitably interrupt our connections and corre- 
spondence. They, too, have been deaf to the voice 
of justice and consanguinity. We must, therefore, 
acquiesce in the necessity which denounces our 
separation, and hold them, as we hold the rest of 
mankind, enemies in war, in peace friends. 

We, therefore, the representatives of the United 
States of America, in General Congress assembled, 
appealing to the Supreme Judge of the world for 
the rectitude of our intentions, do, in the name ana 
by the authority of the good people of these colo- 
nies, solemnly publish and declare that these 
United Colonies are, and of right ought to be, free 
and independent States; that they are absolved from 
all allegiance to the British crown, and that all 
political connection between them and the State of 
Great Britain is, and ought to be, totally dissolved; 
and that, as free and independent States, they have 
full power to levy war, conclude peace, contract 
alliances, establish commerce, and to do all other 
acts and things which independent States may of 
right do. And for the support of this declaration, 
with a firm reliance on the protection of Divine 
Providence, we mutually pledge to each other oui 
lives, our fortunes, and our sacred honor. 



INDEX. 



The figures refer to the numbers of the paragraphs. 

Acceptance by the maker of a motion, of an amend- 
ment, 92, 93. 

Addition of propositions, how effected, 88. 

Adjournment, without day, equivalent to a disso- 
lution, 139. 
effect of, on business under consideration, 140. 
motion for, takes precedence of all other mo- 
tions, 137. 

when it may be amended, 137. 
form of, 138, 200. 

Amendment, purposes of motions for, 60, 78. 

order- of proceeding in, 95, 191. 

acceptance of by mover of proposition, 92, 93. 

of amendments by striking out and inserting, 
107, 108. 

of amendment, to be put before the original 
amendment, 110. 

of an amendment to an amendment, not al- 
lowed, 96. 

object of such motion, how attained, 
96, 97. 

cannot be made to what has been agreed to on 
a question, 98, 99, 100, 101. 

inconsistency of, with one already adopted, 102. 

may show the absurdity of the original object of 
the proposition, 132. 



196 INDEX. 

Amendment, may change the object, 128, 129, 133. 
or may defeat the object, 130, 131. 
by addition, 88. 
by separation, 89. 
by transposition, 90. 
by striking out, '94, 103 to 112. 
by inserting or adding, 94, 113 to 121. 
by striking out and inserting, 94, 122 to 127. 
motion for, by striking out and inserting, 103, 
104, 111, 122. 

may be divided, 122. 

may be amended, 126. 

manner of stating question on, 112, 121, 

127. 
precedence of question on, 123. 
to strike out, decided in the negative, equivalent 
to the affirmative of agreeing, 98, 100, 252. 
if passed may not be renewed, 103 to 
106, 113 to 116, 119, 124, 125. 
stands in the same degree with the previous 
question, and indefinite postponement, 184 
superseded by a motion to postpone to a day 

or to commit, 185. 
may be amended, 96, 107, 117, 126, 184. 
effect of vote on, 94 W 127, 187. 
to be put before the original motion, 110, 120. 

Apology, 42. 

Assembly, Deliberative, purposes of, how ef- 
fected, 1. 
how organized, 2, 3. 
judgment of, how expressed, 13. 

Assembling, time of, to be fixed beforehand, 23. 
place of, in possession of assembly, 9. 

Authentication of acts, etc., of a deliberative as- 
sembly, 27, 32. 



INDEX. 19*7 



Blanks, filling of, 84. 

with times or numbers, rule for, 85, 
86, 87. 
See Precedence. 

Chairman, preliminary election of, 3. 
See Presiding Officer, 

Clerk, 5. 

See Recording Officer. 

Committees, objects and advantages of, 258, 260, 

261. 
who to compose, 258, 270. 
usually those favorable to the proposed measure, 

271. 
mode of appointment of, 263, 267, 268, 269. 
when by the presiding officer, under a standing 

rule. 266. 
how notified of their appointment, 32, 272. 
when and where to sit, 274, 275, 277. 
select, 259. 

how appointed, 264 to 269. 
standing, 259. 

what to be referred to, 74. 
instructions to, 65, 76, 77, 262. 
list of, etc., given by the clerk to the member 

first appointed, 272. 
person first appointed on, acts as chairman by 

courtesy, 273. 
proceed like other assemblies, 276, 279. 
may proceed by sub-committees, 306. 
mode of proceeding on a paper which has been 

referred to them, 279, 281, 283. 
mode of proceeding on a paper originating in 

the committee, 279, 280, 282. 
manner of closing session of, 285. 
report of, how made, 282, 283, 284, 286, 287, 292. 
form of report of, 286, 292. 
mode of proceeding on report of, 292, 293, 294, 

295, 296 



198 INDEX. 

Committees, acceptance of report of, 295. 

form of stating questions on report of, 295, 296. 
See Report. 

Committee of the Whole, of whom composed, 259. 

how constituted, 297. 

what a quorum of, 299. 

who presides over, 297, 298. 

who is clerk of, 301. 

proceedings of, similar to those of the assembly 
itselO302, 309. 

mode of proceeding if one session does not com- 
plete the business, 304. 

who may speak in, and how often, 305. 

cannot refer any matter to another committee, 
306. 

cannot punish for breaches of order, 308. 

disorderly words in, how T noticed, 308. 

differences between and other committees, 302 
to 308. 

presiding officer of assembly to remain in the 
room, during the session of, 300. 
See Reports, Disorderly Words. 

Commitment, definition and purposes of, 73. 
when a proper course, 60. 
what may be committed, 75, 76, 77. 
effect of a vote on a motion for, 183. 
motion for, may be amended, 181. 

supersedes a motion to amend, 185. 
is of the same degree with motions 
for the previous question and 
postponement, 182. 
See Committees. 

Communications to the assembly, how made, 44, 
46, 48, 49. 

Consent of the assembly, in what cases, and how 
far, to be presumed by the presiding officer, 
35, 237, 293. 



INDEX. 199 



Contested Elections, 7. 
See Returns. 

Credentials of members, 7. 

Debate, proper character of, 201. 

should be confined to the question. 209. 
usual mode of putting an end to, 220, 221. 
of shortening, 222. 
See Speaking. 

Decorum. Breaches of, 37, 38, 39, 40, 41, 223, 224. 
how to be noticed. 40. 
remedy for, 224, 225, 226. 

how a member is to proceed to exculpate him- 
self from a charge of. 40. 
See Disorderly Words, Order. 

Disorderly Words, cause of proceedings, when 
spoken, 227 to 231. . 
to be written down by the clerk, as spoken, 228, 

229. 
members not to be censured for, unless com- 
plained of at the time, 232. 
spoken in a committee during its session, 278. 

in committee of the whole to be written 
down, and reported to the assembly, 
308. 

Disorderly Conduct, 9, 37 to 40, 313. 

Division of a question, 79 to 83, 122, 123. 
effect of, 80. 

motion for, how made, 80. 
right to demand, 81, 82. 
when it may take place, 83. 
See Quest ion. 

Elections and Returns, 6, 7, 8. 



200 IXDEX. 

Expulsion, 42. 

Floor, how to obtain, 46. 

who Imb a right to, 47, 203, 204, 205. 

member in possession of, to be interrupted only 

by a call to order, 200. 
when usually allowed to the mover of a motion, 

204. 
when one relinquishes, for one purpose, he does 

so for all purposes, 205, 219. 

Forms of proceeding, 10, 59, 315. 
See Order, Rules. 

Incidental Questions, 150 to 165. 
questions of order. 151 to 154. 
reading papers, 155 to 160. 
withdrawal of a motion, 161, 162. 
suspension of a rule, 163. 164. 
amendment of amendments, 165. 
See Question. 

Introduction of business, how 7 accomplished, 43. 
See Rules. 

Journal of a deliberate assembly, what and how 
kept, 32, 33. 

Judgment of an aggregate body, how evidenced, 14. 

Lie on the Table, purpose of motion for, 60, 71, 
72. 
* Motion for, cannot be amended, 170. 

when to be resorted to, 171. 
effect of vote on, 71, 72, 172, 173. 
takes precedence of all other subsid- 
iary motions, 171. 

List of members, 6. 

Main Question, 63, 64, 135, 213. ' 



INDEX. 201 

Majority, decision bv, on questions and elections, 
24. 

Members, rights and duties of, 36. 

punishments of, 42. 

not to be present at debates on matters concern- 
ing themselves, 41, 225, 230. 

proceedings on quarrels between, caution relat- 
ing to, 314. 

Membership, rights of, how decided, 8. 

Modification of a motion by the mover, 92. 

Motion, definition of. 45, 59, 233. 

to be in writing, 54. 

to be seconded, 53 to 55. 

how seconded. 55. 

when in order, 247. 

subsidiary, need not be in writing, 54. 
but must be seconded, 55. 

to suppress a proposition, 62. 

to be stated or read for the information of any 
member, 57. 

can be withdrawn only by leave, 56, 92. 

when before the assembly, none other can be re- 
ceived, except privileged motions, 58. 

is not before the assembly, until stated by its 
presiding officer. 198. 

not in order unless the maker be called to by the 
presiding officer, 200. 

by one seated, or not addressing the chair, not 
to be received, 200. 

principal and subsidiary, cannot be made to- 
gether, 199. 

Naming a member, what, 40, 225. 

Numbers prefixed to paragraphs of a proposition, 
not a part of it, 91. 



202 INDEX. 

Officers of an assembly, titles of, 5. 
who are, usually, 26. 
how appointed, and removable, 26. 
a majority, necessary to elect, 26. 
when not members of the assembly, 5. 
pro tempore, when to be chosen, 29. 
See Presiding Officer, Recording Officer. 

Order of a deliberative assembly, what, 13. 
of business, 188 to 200. 

how established, 190. 
questions of, what, 152. 

how decided, 154, 248. 
form of, on appeal, 154. 
no debate upon, allowed during 
divisions, 248. 
rules of, to be enforced without delay, 151. 
call to, effect of, 214. 

who may make, 151. 

interrupts the business under consider- 
ation, 153. 
See Disorderly Conduct, Disorderly Words. 

Orders of the Day, definition of, 142. 

motion for, a privileged question for the dav, 

143, 144, 145, 146. 
motion for, generally supersedes other proposi- 
tions, 143, 144. 
being taken up, the business interrupted thereby 

is suspended, 147. 
fall, if not taken up on the day fixed, 149. 
unless by special rule, 149. 

Organization, necessity for, 1. 
usual mode of, 3. 
on report of a committee, 4. 

Papers and Documents, in whose custody, 33. 

Parliamentary Law, common, what, 6, 10. 
See Rules. 



INDEX. 203 

Parliamentary Rules, whence derived, 11. 
in each State, how formed, 11. 
See Rules. 

Petitions, requisites to, 49. 

to be offered by members, 49, 50. 
mode of offering, 51. 
to be read by the clerk, if received, 52. 
regular and usual aciion on presenting, 51, 52. 
contents of, to be known by member present- 
ing, 50. 
to be in respectful language, 50. 

Postponement, effect of vote on motion for, 180. 
motion for, may be amended, 176. 

how amended, 177, 178. 
supersedes a motion to amend, 185. 
is not superseded by a motion to 

commit or to amend, 179. 
is of the same degree with a motion 
for the previous question, 179. 
indefinite, purpose of motion for, 60, 67. 

effect of vote on motion for, 67. 
to a day certain, purpose of motion for, 68, 69. 
an improper use of, 70. 

Power of assembly to eject strangers, 9. 

Preamble, or title, usually considered after the 
paper is gone through with, 192. 

Precedence of motions, 171, 174, 179, 182, 186, 197, 
220. 
of questions, 123, 134, 135, 153. 

as to reference to a committee, 74. 
on motions to fill blanks, 85, 86, 87. 
questions of privilege take precedence of all 
motions but for adjournment, 141. 

President, 5. 

See Presiding Officer. 



204 INDEX. 

Presiding Officer, duties of, 27, 30, 40, 225, 313, 
314. 
to be first heard on questions of order, 207. 
how far member of an assembly, 5. 
not usually to take part in debate, 5, 202. 

but in committees of the whole, 307. 
or on point of order, 154. 
to give a casting vote, 5, 243. 
effect of not giving casting vote, 243. 
may not interrupt one speaking, but to call to 

order, 207. 
may not decide upon inconsistency of a pro- 
posed amendment with one already adopted, 
102. 

Previous Question, motion for, purpose of, 60. 
form of, 64, 170. 
original use of, 63, 64, 65. 
present use of, 65, 60, 220. 
use of in England, 66. 
cannot be amended, 170. 
effect of vote on, 64, 66, 175. 
effect of negative decision of, 65. 
cannot be made in committee of the whole, 303. 
stands in same degree with other subsidiary 
motions, except to lie on the table, 174. 

Privileged Questions, 136 to 149. 

adjournment, 137 to 140. 

questions of privilege, 141. 

orders of the day, 142 to 149. 

take precedence of all motions but for adjourn- 
ments, 141. 

when settled, business thereby interrupted to be 
resumed, 141. 

Proceedings, how set in motion, 43. 

Punishment of members, 41, 42. 

a question of, pending, the member to with- 
draw, 230. 



IXDEX. 205 

Quarrel between members, 38, 314. 
See Disorderly Words. 

Question, definition of, 233. 
forms of, in use, 15, 60, 61. 
when to be put, 235. 
mode of putting, 236. 

on a series of propositions, 193. 
on amendments reported by a com- 
mittee, 194. 
mode of taking, 238, 240, 241, 242, 245. 
when and how decision of may be questioned, 

238, 239. 
all the members in the room when a question is 

put are boundto vote upon it, 244. 
members not in the room, cannot vote on, 244. 
when taken by yeas and nays, 245. 
mode of taking, in Massachusetts, 246. 
when and how to be divided, 79. 
how taken when divided, 80. 
motion to divide, may be amended, 80. 
what may be divided 83. 
who may divide, 81, 122. 

usually regulated by rule, 82. 
incidental, defined and enumerated, 150 to 165. 
subsidiary, or secondary, defined and enume- 
rated, 166 to 170. 
privileged, defined and enumerated, 136. 
See Incidental Questions, Privileged Questions, 
Subsidiary Questions. 

Quorum, necessity for, 17, 19. 
what constitutes, 16. 

effect of want of, on pending question, 249. 
necessary on a division of the assembly, 249. 
want of, how ascertained, 19. 
consequences of want of, 19, 249. 

Readtng op Papers by the clerk, 155. 

by members not allowed, without leave obtained 
by motion and vote, 157, 158. 



206 IXDEX. 

Reading of Papers, when to be omitted, 159. 
when necessary, if called for, 155, 
question on, to be first decided, 160. 

Reception, question of, on petition, 51. 

on report, 286, 293. 

Recommitment, what, 73, 290, 291. 

Reconsideration, general principle relating to, 250 
to 253. 
motion for, allowed in this country, 254 255. 
effect of, 256. 
usually regulated by rule, 257. 

Recording Officer, duties of 31, 32, 33, 35. 
how his absence is to be supplied, 34. 
how elected, 3, 4. 
precedence of, if more than one, 5. 
papers and documents to be in his charge, 33. 

Recurrence of Business, when interrupted by want 
of quorum, 249. 
by motion for the previous question, 66. 

for indefinite postponement, 67. 

to lie on the table, 71, 72. 

for adjournment, 140. 

for the orders of the day, 147, 148. 
by a question of privilege. 141. 
b} r a question of order, 153, 230. 
by a call of a member to order, 200, 214. 

Reports of Committees, how made and received, 
286 to 289. 
how treated and disposed of, 292 to 296. 
of a paper with amendments, 288. 
action upon, 194, 195, 292 to 296. 
when a new draft of a paper, 196. 
acceptance of, 295, 296. 
of committees of the whole, 310. 
when to be received, 311. 



INDEX. 207 

Reprimand, 42. See Punishment. 
Resolution, what, 13, 233. 

Returns, 6, 

time for investigating, 7. 
mode of investigating, 7. 
who to be on the investigating committee, 8. 
who to be heard on a question on, 8. 
Roll, calling of, 32, 35, 245. 

Rules of debate and proceeding, subject of, 14, 15. 
• general purpose of, 315. 
what are necessarily adopted by assembly, 10, 20. 
the same in this country and in England, 11. 
usage does not give them the character of gen- 
eral laws, 12. 
to be enforced without delay or debate, 22, 151, 

152. 
who may notice an infringement of, 22. 
special, each assembly may adopt, 10, 20. 

supersede ordinary parliamentary rules, 10. 
usually provide for their own amendment, 21. 
may be suspended on motion, 21, 163, 164. 
motion to suspend, supersedes the original 

question, 163. 
suspended only by general consent, 21, 164. 
usually provide for their own suspension, 

164. 
may determine the number necessary to ex- 
press the will of the assembly, 25. 
See Reading of Papers, Speaking. 
Secondary Questions, 166. See Subsidiary Ques- 
tions. 

Seconding of motions, 55, 309. 
Secretary, 5. See Recording Officer. 
Separation of propositions, how effected, 89. 
Speaking, rulea as to manner of, 203 to 208 

as to matter in, 209 to 214. 

as to times of, 2 15 to 219. 



208 INDEX. 

Speaking member, to stand uncovered, 203, 208. 
not to make personal remarks, 211. 
not to mention names of members, 206. 
not to reflect on the assembly, or on its 

prior determinations, 210. 
confined to the subject, 209, 213. 
not to be interrupted, 219. 
to speak but once on the same question, 

215, 216, except by leave, 217. 
or to explain himself in matter of fact, 218. 
See Debate, Presiding Officer. 

Speech, reading of, by member, 157. 

Subsidiary Questions, 166 to 187. 

nature and effect of, 166. 

enumeration of, 167. 

cannot be applied to cne another, 168. 

exceptions to this rule, 169. 

lie on the table, 171, 172, 173. 

amendment, 184 to 187. 

previous question, 174, 175. 

postponement, 176 to 180. 

commitment, 181, 182, 183. 
Suspension of a rule, 21, 163, 164. See Rules. 
Transposition of proposition, how effected, 90. 
Vice-President, duties of, 5, 23. See Officers. 
Yote, what, 13, 233. 
Voting, right and duty of, 41, 244. 

prohibition from, 42. See Members. 
Will of assembly, majority necessary to express, 24 

special rule may determine what proportion may 
express, 25. 
Withdrawal of motion can be only by leave, 1C1. 

effect of vote upon motion for leave for, 163. 
Yeas and Nays, how taken, 32, 245. 
in Massachusetts, 246. 

- v'hat number of members may require, 25. 

form of putting question, 245, 

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